Docstoc

City Council Meeting - July 13, 2009 - City of Ferndale Michigan

Document Sample
City Council Meeting - July 13, 2009 - City of Ferndale Michigan Powered By Docstoc
					                                       AGENDA

                        FERNDALE CITY COUNCIL MEETING

                            Monday, July 13, 2009, 7:30 p.m.
                   City Hall, 300 E. Nine Mile Rd., Ferndale MI 48220
                         www.ferndale-mi.com 248-546-2384

1.   PLEDGE OF ALLEGIANCE
2.   ROLL CALL
3.   APPROVAL OF AGENDA
4.   PRESENTATION
     A.   Motor City Pride
     B.   Chamber of Commerce
     C.   2010 Census Update

5.   CALL TO AUDIENCE (Strict half-hour; excess of half-hour immediately prior to Call to
     Council)
6.   CONSENT AGENDA
     All items listed under Consent Agenda are considered routine by the City Council and
     will be enacted by one motion. Public copies of the Consent Agenda may be viewed at
     the Library.
     A.     Approval of the Minutes of the Regular Meeting held June 22, 2009, and of the
            Special Meetings held June 22, 2009 and June 29, 2009, as submitted by City
            Clerk.
     B.     Approval of Special Event Permits for DIY 5K Run, DIY Street Fair and Funky
            Ferndale Art Fair, as submitted by City Clerk.
     C.     Approval of a Sidewalk Sale in the DDA area from 11 a.m. – 7 p.m. on Saturday,
            July 25, 2009, as submitted by DDA Director.
     D.     Approval to schedule a Public Hearing on Monday, August 10, 2009, at 7:30
            p.m., to hear objections to an alley vacation between Kensington and Bertha, as
            submitted by City Clerk.
     E.     Approval of demolition of 2012 Moorhouse, as submitted by CDS Director.
     F.     Approval to authorize the payment of an invoice from the W. W. Williams
            Company of Dearborn for emergency repairs to Engine No. 4, the 2002 Pierce, in
            the amount of $12,666 from account #661-000-977, as submitted by Fire Chief.
     G.     Approval of grant of easement for Water Mains, as submitted by DPW Director.
     H.     Approval to authorize the City Manager to sign the MEDC Downtown Urban
            Revitalization Grant Agreement on behalf of the City, as submitted by City
            Manager.
       I.      Approval of bid award to replace Fire Station No. 2 Driveway Approach, as
               submitted by DPW Director.
       J.      Approval of the bills and payrolls as certified by City Manager to be paid subject
               to review by the Council Finance Committee.
7.     REGULAR AGENDA
       A.      Consideration of Municipal Building Renovation and Expansion
       B.      Consideration of Resolution recognizing former 43rd District Court Administrator
               Michelle McCullough
       C.      Consideration of Film Ordinance
Consideration of Items Pulled from Consent Agenda, if any.
8.     COUNCIL APPOINTEE REPORT – City Manager

9.     COUNCIL LIAISON REPORTS:
       A.  8 Mile Blvd. Association (8MBA)
       B.  Michigan Suburbs Alliance (MSA)
       C.  South Oakland County Mayors Association (SOCMA)
       D.  Southeast Michigan Council of Governments (SEMCOG)
       E.  Transportation Riders United (TRU)
       F.  Woodward Avenue Action Association (WA3)
10.    CALL TO COUNCIL
11.    ADJOURNMENT




City Council Meeting – July 13, 2009
Page 2
                                                                Agenda No. 4C


                             CITY OF FERNDALE
                        REQUEST FOR COUNCIL ACTION

FROM:        Marsha Scheer, Community Development Director

SUBJECT:     2010 Census Presentation

SUMMARY & BACKGROUND:
       Adrienne Wilson, CDS intern has requested 3-5 minutes to present information
regarding the 2010 census. As you know, our school and road funding, among other
programs, is based on the census.


ATTACHMENTS:                            Census Presentation




COUNCIL AGENDA DATE:                    July 13, 2009

CITY ATTORNEY REVIEW:                   N/A

FINANCE DIRECTOR REVIEW:                N/A

CITY MANAGER APPROVAL:                  Robert J. Bruner, Jr.

COMMENTS:



RECOMMENDED ACTION:
No action required.
                                                                        Agenda No. 6A
                                           Draft
                              FERNDALE CITY COUNCIL MEETING
                                   Monday, June 22, 2009

A Regular Meeting of the Ferndale City Council was held Monday, June 22, 2009 at City Hall,
300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 7:38 p.m.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL
Present: Mayor Covey, Council Members Baker, Galloway, Gumbleton
Absent:  Council Member Lennon

237.    Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton to excuse
        Councilman Lennon’s absence.
    AYES:   Council Members Baker, Galloway, Gumbleton, Mayor Covey
    NAYS:   None
    MOTION CARRIED

3. APPROVAL OF AGENDA
238. Moved by Councilwoman Gumbleton, seconded by Councilwoman Baker, to approve the
agenda as submitted.
    AYES:   Council Members Galloway, Gumbleton, Baker, Mayor Covey
    NAYS:   None
    MOTION CARRIED

4. PRESENTATIONS
A. Ferndale Community Foundation Grant Awards
Dan Martin, Ferndale Community Foundation, presented grant awards to the Fern Care free
clinic, Beautification Commission, Historical Society, Ferndale Public Library, Ferndale Youth
Assistance, Michigan’s Fallen and Oakland Human Services Agency.

B. Announcement of June 2009 Beautification Awards
Peggy Snow presented the following Beautification Awards for June 2009:

    Commercial:         Mobil Gas Station
                        22500 Woodward

    Residential:        Christina and John Bergasse
                        659 West Cambourne

                        Karen and Jason Ruthenberg
                        517 East Maplehurst




Regular City Council Meeting - Draft        June 22, 2009                            Page 151
C. Year Four Energy Report
Derek Decker and Laurie Prena, Siemens Building Technologies, reported:
   • In 2004, the city contracted with Siemens Building Technologies, Inc., to replace
      obsolete and/or inefficient HVAC equipment in all municipal buildings, to retrofit 25 traffic
      signals with LED (light emitting diode) lamps, and to install pedestrian countdown timers.
   • The project’s cost of $984,152 is paid over 15 years through guaranteed energy and
      operational savings.
   • The contractually guaranteed energy savings for year four was $63,853; the actual was
      $102,084 (page three of Energy Report).
   • The City the last four years has reduced its fossil fuels consumption equal to removing
      343 cars for one year

239. Moved by Councilman Galloway, seconded by Councilwoman Baker, that the Year-Four
Energy Report, prepared by Siemens Building Technologies, Inc., be received and filed.
     AYES:   Council Members Gumbleton, Baker, Galloway, Mayor Covey
     NAYS:   None
     MOTION CARRIED

D. Ferndale Public Schools
Jessica Scott-Stilger, Communication Specialist, provided an update on the activities and
accomplishments of students in the Ferndale school district.

E. Downtown Development Authority (DDA)
Chris Hughes and Sharon Chess provided an overview of the organizational structure of the
DDA and expounded on the Promotional Team’s accomplishments and plans.

5. PUBLIC HEARING
A. Request to transfer ownership of Class C licensed business, located at 141 W. Nine Mile,
from Ferndale Lounge Associates, LLC to SIXX Events, LLC.
Mayor Covey opened the public hearing at 8:13 p.m., and, there being no comments, closed the
public hearing at 8:14 p.m.

240. Moved by Councilwoman Baker, seconded by Councilman Galloway, to recommend to
the Michigan Liquor Control Commission approval of the request from Sixx Events, LLC to
transfer ownership of a 2008 Class C Licensed Business with Dance-Entertainment Permit,
located at 141 W. Nine Mile, Ferndale MI 48220, Oakland County, from Ferndale Lounge
Associates, L.L.C. to Sixx Events, LLC.
     AYES:   Council Members Baker, Galloway, Gumbleton, Mayor Covey
     NAYS:   None
     MOTION CARRIED

6. CALL TO AUDIENCE
 • Melanie Piana relayed concerns from residents regarding code enforcement procedures
    and offered suggestions on no/low cost ways to close the information gap between City
    administration and the residents.
 •    Jeanne Davis announced upcoming events for the Ferndale Seniors group.
 •    Wyll Lewis, American Pop, announced plans for downtown sidewalk sales on July 25.




Regular City Council Meeting - Draft      June 22, 2009                                  Page 152
 •     Greg Pawlica announced a free concert by the 338th Army Band at Martin Road Park on
       Friday, July 3 at 7:00 p.m. He also noted he will be announcing his candidacy for City
       Council at an event later in the week.

7. CONSENT AGENDA
Mayor Covey requested Items J & K be pulled from the Consent Agenda to be considered
following the Regular Agenda.

241.     Moved by Councilwoman Baker, seconded by Councilman Galloway, to approve the
         Consent Agenda as amended:
         A.     Approved the Minutes of the Regular Meeting held June 8, 2009.
         B.     Approved a 2% wage adjustment for full-time Administrative and Non-Union
                Employees, and part-time nonunion employees effective July 1, 2009.
         C.     Approved Non-Union Wage Adjustments for 43rd District Court Employees,
                effective July 1, 2009, as submitted by Honorable Joseph Longo, 43rd District
                Court Judge.
         D.     Approved Patrol Rifle Purchase Program to allow the City to purchase eight
                patrol rifles and various accessory items from Center Mass Inc. for the purchase
                price of $15,619.63 to be paid back through payroll deduction over the following
                14 months by participating police personnel.
         E.     Approved the implementation of the Granicus Integrated Video/Data
                Management System with $6,800 for set up costs charged to Contractual
                Services, acct. #101-296-818; hardware and software costs of $9,000 charged to
                Capital Outlay, acct. #101-296-977; and monthly service fees charged to
                Repair/Maintenance, acct. #101-296-775.
         F.     Adopted Ordinance No. 1075 to amend Chapter 9, Fire Prevention and
                Protection, Article II, Fire Prevention Code, Section 9-21 Additions, Insertions
                and Changes of the Ferndale Code of Ordinances, and to adopt the resolution
                setting the fee schedule for operational permits, and to adopt the resolution
                setting the fee schedule for re-inspections.
         G.     Approved Resolution amending the City of Ferndale Policemen and Firemen
                Retirement System to comply with the Internal Revenue Code and related
                authority to maintain the qualified status of the defined benefit plan.
         H.     Adopted Resolution for the City’s request for reimbursement from Oakland
                County under the West Nile Virus Fund Program and authorized the City Clerk to
                sign it.
         I.     Adopted Resolution Granting a Concessionaires License to Clayton Bowers of
                New Dawn Gardenscapes to conduct a Farm Stand in the Parking Lot owned by
                Credit Union One at 443 E. Nine Mile Road.
         L.     Approved the bills and payrolls as certified by City Manager to be paid subject to
                review by the Council Finance Committee.
     AYES:   Council Members Galloway, Gumbleton, Baker, Mayor Covey
     NAYS:   None
     MOTION CARRIED




Regular City Council Meeting - Draft       June 22, 2009                                  Page 153
8. REGULAR AGENDA
A. Consideration of Naming of Albany Pump Station
242. Moved by Councilwoman Baker, seconded by Councilman Galloway, to approve naming
the water pump station at Albany and Livernois the “Jerald E. Allen Pump Station.”
    AYES:   Council Members Gumbleton, Baker, Galloway, Mayor Covey
    NAYS:   None
    MOTION CARRIED

B. Consideration of LED Lighting Project
243. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to approve the
Amended Agreement with DTE Energy to install six 142-watt LED luminaries in the Withington
parking lot, and to charge the installation expense of $4,018 to the Auto Parking Fund,
Contractual Services, account no. 585-000-818.
    AYES:   Council Members Baker, Galloway, Gumbleton, Mayor Covey
    NAYS:   None
    MOTION CARRIED

C. Consideration of Energy Efficiency Resolution
244. Moved by Councilman Galloway, seconded by Councilwoman Gumbleton, to adopt the
Resolution pledging that the City will work towards achieving goals related to energy
improvement plans, sustainability, recycling, alternative energy, LEED certification, “green fleet”,
tree preservation and other energy conservation programs.
    AYES:   Council Members Galloway, Gumbleton, Baker, Mayor Covey
    NAYS:   None
    MOTION CARRIED

D. Consideration of Five-City Trolley
245. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to support the
Five-City Trolley with the Ferndale DDA with a contribution in the amount of $850.
    AYES:   Council Members Gumbleton, Baker, Galloway, Mayor Covey
    NAYS:   None
    MOTION CARRIED

It was indicated by the DDA that it will be strongly marketed. Council requested that DDA report
back to Council on the program after the Winter Ice Fest.

7. CONSENT AGENDA (continued)
J. Consideration of Resolution proclaiming PJ Jacokes as Ferndales Official Comedian for
2009.
246. Moved by Councilman Galloway, seconded by Councilwoman Baker, to adopt the
Resolution Proclaiming PJ Jacokes as Ferndale’s Official Comedian for 2009
    AYES:   Council Members Baker, Galloway, Gumbleton, Mayor Covey
    NAYS:   None
    MOTION CARRIED




Regular City Council Meeting - Draft       June 22, 2009                                  Page 154
K. Consideration of proposal of Abraham & Gaffney to audit the City’s fiscal year ending 2009
Financial Statements and provide a Single Audit report in the amount of $30,000 total.
247. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to accept the
proposal of Abraham & Gaffney to audit the City’s fiscal year ending 2009 Financial Statements
and provide a Single Audit report in the amount of $30,000 total.
    AYES:   Council Members Galloway, Gumbleton, Baker, Mayor Covey
    NAYS:   None
    MOTION CARRIED

9. COUNCIL LIAISON REPORTS
A. 8 Mile Blvd. Association (8MBA). City Manager Bruner reported progress has been made
with MDOT regarding the maintenance of the Eight Mile median. Mayor Covey announced the
upcoming ground breaking ceremony for Shops at Gateway, located at Eight Mile and
Woodward.

B. Michigan Suburbs Alliance (MSA). City Manager Bruner announced the kickoff meeting for
the Southeast Regional Energy Office will be held on June 30th.

E. Transportation Riders United (TRU). City Manager Bruner announced the South Oakland
kickoff meeting will be held on June 23 at the Kulick Center.

10. CALL TO COUNCIL
248. Recreation Director Hall promoted the Family Campout to be held June 27 and
commended Jeanine Ingram, Personnel Technician, for her work on the City’s Relay for Life
team.

249. City Manager Bruner recognized Jaynmarie Hubanks, Assistant City Manager/Finance
Director, for her 20 year anniversary with the City and announced Administrative Assistant to
the City Manager Shirley Ahlgrim’s birthday is this Thursday.

250. City Attorney Christ announced the closing on the American Legion property is
scheduled for June 25.

251. Councilwoman Baker commended Jeanine Ingram for her work on Relay for Life. She
also reported on Council’s earlier work session on long-term financial planning and suggested
considering tax increment financing.

252. Councilwoman Gumbleton acknowledged The Bosco and Magic Bag for going
completely smoke-free, and recommended new restaurant Inyo for the quality of the food and
the presentation. She urged residents not to forget about currently available mass transit
options such as the SMART bus and Amtrak.

253. Councilman Galloway noted the City has long history of careful conservation of
resources and reported Council is continuing to plan ahead for the financially challenging years
ahead. He reported he rode in a charitable bike ride in Detroit over the weekend and
commented on how nice the city’s riverfront is.

254. Mayor Covey commended Veronica Lujic and area florists for their donations for the Gay
Pride banquet and recognized four Ferndale residents who received awards. Mayor Covey
commended Police Chief Kitchen and his department for tracking down the suspect in his home



Regular City Council Meeting - Draft     June 22, 2009                                 Page 155
invasion. He voiced support for the people of Iran as they try to get justice from the recent
election.

11. ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at 9:05 p.m.



______________________________________
Craig Covey, Mayor



______________________________________
J. Cherilynn Tallman, City Clerk




Regular City Council Meeting - Draft    June 22, 2009                               Page 156
                                                                            ATTACHMENT A
                                          CITY OF FERNDALE
                                       RESOLUTION 2009 – 241(G)

           Amending the City of Ferndale Policemen and Firemen Retirement System
                         to comply with the Internal Revenue Code

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale, Michigan 48220 on the 22nd day of
June, 2009
The following Resolution was moved by Councilwoman Baker and seconded by Councilman
Galloway:

Chapter XIXB of the Ferndale Charter establishes the City of Ferndale Policemen and Firemen
Retirement System (“Retirement System”); and

Chapter XIXB provides for a Board of Trustee which is charged with general administration,
management and responsibility for the proper operation of the Retirement System; and

The Board of Trustees has adopted a Resolution affirming its fiduciary duty to administer the
Retirement System consistent with the plan provisions and applicable law, including applicable
sections of the Internal Revenue Code and related authority to maintain a qualified plan status.

NOW, THEREFORE, BE IT RESOLVED, the Ferndale City Council supports and affirms the
Board of Trustees’ administration of the Retirement System consistent with the plan provisions
and all applicable law, including all applicable sections of the Internal Revenue Code, as
amended, all applicable regulations and administrative authority.

        AYES:         Mayor Covey, Council Members Baker, Galloway, Gumbleton
        NAYS:         None
        ABSENT:       Council Member Lennon
        RESOLUTION ADOPTED




Regular City Council Meeting - Draft         June 22, 2009                             Page 157
                                                                          ATTACHMENT B
                                          CITY OF FERNDALE
                                       RESOLUTION 2009 – 241(H)

               Requesting reimbursement of eligible mosquito-control activity under
                        Oakland County’s West Nile Virus Fund Program

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale, Michigan 48220 on the 22nd day of
June, 2009
The following Resolution was moved by Councilwoman Baker and seconded by Councilman
Galloway:

Upon the recommendation of the Oakland County Executive, the Oakland Board of
Commissioners has established a West Nile Virus Fund Program to assist Oakland County
cities, villages and townships in addressing mosquito control activities; and

Oakland County’s West Nile Virus Fund Program authorized Oakland County cities, villages and
townships to apply for reimbursement of eligible expenses incurred for personal mosquito
protection measures/activity, mosquito habitat eradication, mosquito larviciding or focused adult
mosquito insecticide spraying in designated community green areas; and

The City of Ferndale, Oakland County, Michigan has incurred expenses for mosquito control
activities believed to be eligible for reimbursement under Oakland County’s West Nile Virus
Fund Program.

THEREFORE BE IT RESOLVED that the Ferndale City Council authorizes and directs its DPW
Director as agent for the City of Ferndale, in the manner and to the extent provided under
Oakland County Board of Commissioner Miscellaneous Resolution 03060, to request
reimbursement of eligible mosquito-control activity under Oakland County’s West Nile Virus
Fund Program.

        AYES:         Mayor Covey, Council Members Baker, Galloway, Gumbleton
        NAYS:         None
        ABSENT:       Council Member Lennon
        RESOLUTION ADOPTED




Regular City Council Meeting - Draft         June 22, 2009                              Page 158
                                                                         ATTACHMENT C
                                       CITY OF FERNDALE

                         RESOLUTION 2009 – 241(I)
    GRANTING CONCESSIONAIRE LICENSE FOR CLAYTON BOWERS OF NEW DAWN
      GARDENSCAPES TO CONDUCT A FARM STAND AT 443 E. NINE MILE ROAD

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 22nd day of June,
2009
The following resolution was moved by Councilwoman Baker, and supported by Councilman
Galloway:

On June 15, 2009, the City of Ferndale received an Application for Concessionaire License from
Clayton Bowers of New Dawn Gardenscapes to conduct a farm stand in the parking lot owned
by Credit Union One at 443 E. Nine Mile Road in Ferndale; and
The City of Ferndale has an ordinance regulating concessionaires and vendors seeking to
operate vendor businesses in the Central Business District in the City of Ferndale; and
It is unlawful for any person to engage in the business of vending unless that person has
obtained a license from the City Clerk and the applicant has provided evidence of an exemption
from state sales tax pursuant to State of Michigan Food Law of 2000, section 289.4105, sub
paragraph B1, as required by Section 7-71 (11) and other information required under the
Ordinance.
IT IS RESOLVED, consistent with the Ferndale Code of Ordinances the applicant’s license to
conduct a farm stand at 443 E. Nine Mile Road is approved.
IT IS FURTHER RESOLVED that the City Clerk shall issue a license to the applicant identifying
the licensee and setting forth other information as provided in the Ordinance.
IT IS FURTHER RESOLVED that the vendor shall be allowed to engage in its proposed location
as set forth in its application on Thursday evenings from 4:00 p.m. to 8:00 p.m. throughout the
harvest season, beginning in early July and continuing roughly through the end of October.

        AYES:   Mayor Covey, Council Members Baker, Galloway, Gumbleton
        NAYS:   none
        ABSENT: Council Member Lennon

        RESOLUTION ADOPTED




Regular City Council Meeting - Draft      June 22, 2009                               Page 159
                                                                           ATTACHMENT D
                                       CITY OF FERNDALE

                                   RESOLUTION 2009 – 244
                            Michigan Green Communities Challenge

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale, Michigan 48220 on the 22nd day of
June, 2009

The following Resolution was moved by Councilman Galloway, and seconded by Councilwoman
Gumbleton:

The City of Ferndale, Michigan wants to emphasize the benefits of energy efficiency and
conservation; and

The City wants to demonstrate that energy efficiency and conservation practices can be applied
to the daily governmental operations and to infrastructure projects; and

The City seeks to find methods of service delivery and operations that conserve energy and
resources, saving taxpayer dollars and protecting and preserving the environment; and

The City recognizes that sound energy efficiency and conservation practices can reduce
government costs over the long term; and

The City will lead by example to show the practicality and effectiveness of these practices; and

The City seeks to encourage its citizens and businesses to initiate stewardship activities that
benefit the environment and their community.

THEREFORE, IT IS RESOLVED that the City of Ferndale accepts the Michigan Green
Communities Challenge and pledges to work toward achieving the goals of the Basic Challenge
over the next three years.

   AYES:   Mayor Covey, Council Members Baker, Galloway, Gumbleton
   NAYS:   None
   ABSENT: Council Member Lennon

   RESOLUTION ADOPTED




Regular City Council Meeting - Draft      June 22, 2009                                 Page 160
                                                                               ATTACHMENT E
                                         CITY OF FERNDALE
                                       RESOLUTION 2009 – 246

              Proclaiming PJ Jacokes as Ferndale’s Official Comedian for 2009

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 22nd day of June,
2009
The following resolution was moved by Councilman Galloway, and seconded by Councilwoman
Baker:

In 2008 local comic PJ Jacokes opened Go Comedy in Ferndale to bring laughter and comedy
improv to our residents and visitors to our City. PJ has been so dedicated to serving the
community that he hosts a monthly unemployment night where out of work residents receive
complimentary tickets to his shows; and

To honor PJ for his effort to generate smiles and optimism during these hard economic times
Edy’s Slow Churned Ice Cream has awarded PJ with a $100,000 paycheck to pursue his
American Dream as the winner of the national “Taste of Recovery” contest. He also is unveiling
a special limited edition Edy’s Ice Cream flavor; and

The City of Ferndale applauds PJ Jacokes for his enthusiastic attitude; and

To show our City’s appreciation to PJ for his efforts to keep us laughing and lifting our spirits in
these trying times, we, Ferndale’s elected officials, do hereby proclaim PJ Jacokes as
Ferndale’s Official Comedian for 2009.


   AYES:   Mayor Covey, Council Members Baker, Galloway, Gumbleton
   NAYS:   None
   ABSENT: Council Member Lennon

   RESOLUTION ADOPTED




Regular City Council Meeting - Draft        June 22, 2009                                 Page 161
                                                                          Agenda No. 6A
                                         Draft
                        FERNDALE SPECIAL CITY COUNCIL MEETING
                                 Monday, June 22, 2009

A Special Meeting of the Ferndale City Council was held Monday, June 22, 2009, at City Hall,
300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 6:10 p.m.

ROLL CALL
Present: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon.
Absent:  None.

2. CALL TO AUDIENCE
There were no members of the audience wishing to speak.

3. DISCUSSION: LONG-TERM FINANCIAL PLANNING
City Manager Bruner introduced discussion about the City’s financial outlook and options for
matching revenues and expenditures in Fiscal Year Ending (FYE) 2011 and beyond.

Resource Reallocation
Several options for resource reallocation were presented by City Manager Bruner. Council was
generally in favor of further consideration of the following:
   • Hiring a consultant to conduct budget and finance training so that a better understanding
       of roles and responsibilities will lead to better decisions.
   • Council establishing Police Authority with another municipality such as Pleasant Ridge.
       Asking voters to approve millage to provide the services allows Council to reallocate
       fiscal resources to other services.
   • Requesting voters to approve statutory 1 mill levy to provide services for older persons.
   • Conducting a citizen survey regarding service satisfaction and importance.

Expenditure Decreases
Of the options suggested for expenditure decreases, Council was generally in favor of further
consideration of the following:
    • Hiring a consultant to conduct an operational and organizational analysis to develop
       efficiency-increasing and cost-saving recommendations.
    • Hiring a consultant to update Civil Service Rules to develop efficiency-increasing
       recommendations for Civil Service Rule amendments.
    • Establishing an early retirement program.
    • Establishing a union-management committee to make efficiency-increasing and cost-
       saving recommendations.

Council was somewhat interested in:
   • Hiring consultants to conduct employee benefits and classification and compensation
       analysis.

Revenue Increases
Regarding suggestions for revenue increases Council was generally in favor of:
   • Exploring intergovernmental contracts between municipal corporations.
   • Developing an inventory of vacant land and other underused or unused capital assets for
      possible liquidation.
   • Hiring a consultant to analyze cash flow and develop recommendations for revenue-
      increasing measures.

Special City Council Meeting-Draft       June 22, 2009                                 Page 149
    •   Council was somewhat interested in considering the possibility of requesting voter
        approval of a dedicated millage.

4. ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at 7:27 p.m.



_________________________________
Craig Covey, Mayor


_________________________________
J. Cherilynn Tallman, City Clerk




Special City Council Meeting-Draft     June 22, 2009                             Page 150
                                                                          Agenda No. 6A
                                         Draft
                        FERNDALE SPECIAL CITY COUNCIL MEETING
                                 Monday, June 29, 2009

A Special Meeting of the Ferndale City Council was held Monday, June 29, 2009, at City Hall,
300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 6:11 p.m.

ROLL CALL
Present: Mayor Covey, Council Members Baker, Galloway (arrived at 6:14 p.m.), Gumbleton,
         Lennon.
Absent:  None.

2. CALL TO AUDIENCE
Bill Brown asked that Special meeting notices be posted on the website.

3. DISCUSSION: MUNICIPAL BUILDING RENOVATION AND EXPANSION
Judge Longo introduced discussion about allocation of the project budget.

City Manager Bruner reviewed, as outlined in his June 26, 2009 memo to City Council, project
cost estimates, possible one-time funding sources, debt, annual funding sources, and possible
annual cost decreases or revenue increases to fund the gap between the Annual Debt Service
Payment and the Annual Funding Sources.

Following discussion, City Manager Bruner was tasked with updating budget numbers with the
most up-to-date information available. The revised budget figures will be distributed to Council
members with as much lead time as possible preceding the July 13, 2009 Council meeting. On
July 13 Council will determine the scope of the municipal building renovation and expansion
project and decide on the funding mechanisms.

Council members were in general agreement that another Special Meeting prior to July 13,
2009 was not necessary.

4. ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at 8:15 p.m.



_________________________________
Craig Covey, Mayor


_________________________________
J. Cherilynn Tallman, City Clerk




Special City Council Meeting                                                           Page 163
June 29, 2009
                                                                     Agenda No. 6B
                                  CITY OF FERNDALE
                             REQUEST FOR COUNCIL ACTION

FROM:         J. Cherilynn Tallman, City Clerk

SUBJECT:      Consideration of Special Event Permits for Funky Ferndale Art Show, DIY Street
              Fair 5K Run and DIY Street Fair

SUMMARY & BACKGROUND:
Mark Loeb of Nyshows, Inc. d/b/a Integrity Shows, and Chris Johnston of DIY Street Fair LLC,
have applied for Special Events Permits for:

Event:             Funky Ferndale Art Fair
Sponsor:           Mark Loeb, Nyshows, Inc. DBA Integrity Shows
Date/Time:         Sat., Sept. 19, 10-7 and Sun., Sept. 20, 11-5.
Est. Attendance:   20,000 people
Location:          West Nine Mile Road between Woodward, Allen and Planavon

The event is planned to run exactly as the 2008 Funky Ferndale Art Fair. Fire Marshal Batten
requested a meeting with Mr. Loeb to review the site set-up for emergency vehicle clearances.


Event:             DIY Street Fair 5K Run – fundraiser for Ferncare
Sponsor:           Chris Johnston, DIY Street Fair LLC
Directors:         Chris Johnston and Kara Coraci
Date/Time:         Sat., Sept. 19, 8:30 – 10:30 a.m.
Est. Attendance:   200-300 people
Location:          Between Woodward and Hilton and between E. Marshall and Oakridge.

This is a new event. The requested route starts on E. Troy, south on Paxton, east on Saratoga,
south on Hilton, west on Marshall, north on Paxton/Gainsboro, west on Oakridge, south on
Woodward to Vester, south on Bermuda and finishing on E. Nine Mile. Runners will run on the
sidewalk along Woodward. The organizers feel by that time in the race runners will be spread
out and running in single-file.

Mr. Johnston and Ms. Coraci requested that they be allowed to place the route markers. DPW
Director Photiades requested a meeting before making that decision.
Event:           DIY Street Fair
Sponsor:         Chris Johnston, DIY Street Fair LLC
Date/Time:       Fri., Sept. 18, 6:00 p.m. – 11:30 p.m.
                 Sat., Sept. 19, noon – 11:30 p.m.
                 Sun., Sept. 20, noon – 10:00 p.m.
Est. Attendance: 18,000 people
Location:        E. Troy, Falvey parking lot and Library parking lot

There are two major changes from last year’s event being requested:
       1. Beginning the event on Friday.
       2. Using the Library parking lot.

The Library lot would be used for the family area that was located on the grassy areas around
the library building last year.

The Special Events Committee met on June 23, 2009 and made the following motion:
   Moved by Fire Marshal Batten, seconded by DPW Director Photiades, to recommend to City
   Council approval of the Funky Ferndale Art Fair; to recommend to City Council approval of
   the DIY Street Fair 5K Run with the stipulation that the Directors meet with Mr. Photiades
   and come to an agreement on who shall have responsibility for installing route markers; and
   to recommend to City Council approval of the DIY Street Fair, as requested, with a further
   recommendation that Council waive restitution for lost parking revenue.
   AYES:        All
   NAYS:        None
   MOTION CARRIED

The following documentation needs to be completed, submitted and/or executed by the
applicants, and approval of the special event permits should be contingent on the City’s receipt
of these items:
             • Lease Agreements between The Eleven Mile Brewery, Inc. (“Woodward Avenue
                Brewers”) and the City for the utilization of the city space adjacent to its WAB
                establishment.
             • Temporary authorization for WAB from the Michigan Liquor Control Commission
                for the proposed beer tent.
             • Certificates of Liability Insurance, from both applicants, naming the City as
                “additional insured” in the statutory amount.
             • A list of “day of” contact names and phone numbers from both applicants.
             • An executed Indemnification Agreement for the DIY Street Festival.


ATTACHMENTS:                     Applications



COUNCIL AGENDA DATE:                        July 13, 2009

CITY ATTORNEY REVIEW:

FINANCE DIRECTOR REVIEW:                    n/a
RECOMMENDED ACTION:
Funky Ferndale Art Show
Moved by , seconded by , to approve a Special Event Permit for Funky Ferndale Art Show, a
fine art show to be held on Saturday, September 19, 2009, from 10:00 a.m. until 7:00 p.m. and
on Sunday, September 20, 2009, from 11:00 a.m. until 5:00 p.m., on Nine Mile Road between
Woodward Avenue, Allen and Planavon, contingent on the City Clerk’s office receiving, no later
than five (5) days prior to the event, 1) a certificate of liability insurance naming the City of
Ferndale as “additional insured” and on the City Attorney’s review and approval of same; and 2)
a list of “day of” contact names and phone numbers.

DIY Street Festival 5K Run
Moved by , seconded by , to approve a Special Event Permit for the DIY Street Fair 5K Run to
be held on Saturday, September, 19, 2009 from 8:30 until 10:30 a.m., with the course, as
detailed on the map submitted to the Special Events Committee, to run generally between
Woodward and Hilton and between E. Marshall and Oakridge, contingent upon the DPW
Director and the applicant reaching an agreement on responsibility for installing route markers,
and on the City Clerk’s office receiving, no later than five (5) days prior to the event, 1) a
certificate of liability insurance naming the City of Ferndale as “additional insured” and on the
City Attorney’s review and approval of same; and 2) a list of “day of” contact names and phone
numbers.

DIY Festival
Moved by , seconded by , to approve a Special Event Permit for DIY Street Fair, a street fair
showcasing local business, artists, restaurants and musicians, to be held on Friday, September
18, 2009, from 6:00 until 11:30 p.m., on Saturday, September 19, 2009, from noon until 11:30
p.m., and from Sunday, September 20, 2009, from noon until 10:00 p.m., on E. Troy and in the
Falvey and Library parking lots and to approve a waiver of billing for lost parking revenue. The
Special Event Permit is contingent on:
    • Execution of a Lease Agreement between The Eleven Mile Brewery, Inc. (“Woodward
       Avenue Brewers”) and the City of Ferndale for the utilization of the city space adjacent to
       its WAB establishment;
    • WAB receiving temporary authorization from the Michigan Liquor Control Commission
       for the proposed beer tent, and submitting proof of such to the City; and
    • The City Clerk’s office receiving, no later than five (5) days prior to the event, 1) a
       certificate of liability insurance naming the City of Ferndale as “additional insured” and
       on the City Attorney’s .review and approval of same; 2) a list of “day of” contact names
       and phone numbers; and 3) an executed Indemnification Agreement.
                                      CITY OF FERNDALE


                             SPECIAL EVENTS APPLICATION



DIRECTIONS: Complete this application in accordance with the City ofFernda1e Special Events
Policy, and return it to the City Clerk's office within the time periods required by Ordinance
Section 16-12(h) which will be either sixty (60) or one hundred twenty (120) days.

Sponsoring Organization

LegalName--l2t1          S1m1 rkl'e. t-L<:..               Phone               7(,~s
                                                                       2.qg·li1·
(Attach copy of Articles ofIncoIporation, Partnership Agreement, Assumed Name form, etc.)

Organization's Address    Z2{,"l{'       NJvO~             Ac.£Jvt.- ff.(l.Joft.i..-­
Organization's Agent     Cr1~IS      JDtf.JS1oJ                PhoneZ~·g'i~·7~
Agent'sTitie      PMZ--1.M---"-'-­
                       ..                                                        _
Agent's Address     Z 02-     J.     rJ417,,€-1{ v¢.S1         fU..Q1vf:::=::==­ _
Event Information

EVENT NAME   011 <>1%£1 t=A1rz...
EVENT PURPOSE s- It- wJ -r"f~~t¥1'1 ~                                    ----'---'-----_-=......<_­


 To 2~€-01 fU.J~
EvENTD

EVENTLOCA:TTIime~~:::r:~====__                                                            --,L_
Has the City Park been reserved with the Kulick Community Center? . [ ] Yes               [No

                                     2
Estimated number ofpeople attending ___      w -_"S-=----c7D
                                              __                                                  _

Are you planning on having a Moon~alk?                               [ ] Yes      .     No[vi'"
If yes, Moonwalk Company to provide insurance naming the City ofFemdale as additional insured
        and CDS Department needs to be contacted regarding Moonwalk Permit.

Are you planning on erecting a Tent/Canopy or other structure?             [ ] Yes        ~o
If yes, please see the CDS Department for information on tent permits.

I.     Type of event: Based on Policy Section 2, this event is:

       [ rCo-sponsored event
       [/j Other non-profit event
       [ ] Other for profit event


                                              1 of 4                                      Rev.6iD4
2.	    AnjiUal Event: Is this event expected to occur next year:
       [-1   Yes              [ ] No

              If yes, YOll can reserve a date for next year with this application (See Policy Section
              15). To reserve dates, provide the following information.

      . Normal Event Schedule
        (e.g. third weekend in July)

       Next Year's Specific Date	                                                              _



3.	   . An event Map IS    [;j   IS NOT [ ] attached. If your event will use multiple locations,
        please attach a complete map sbowing the assembly and dispersa1IOCatioDS and the route
        plan. Also, show any streets or parking lots that you are requesting.to be blocked off.

4.	    Vendors Food Concessions? [ ] yes               [;)no
       If yes, refer to Policy Section 13 for License and Insurance Requirements.
       Are you planning on cooking food on site?               [   ] yes     [   ] no




5.	    Ev~t signs Will this event include the use ofsigns?
       [vjyes           [ ]no
       If yes, refer to Policy Section 8 for requirements and describe the size and location of your
       proposed signs. Please see .the CDS Department for information on sign permits.

6.	    Free Parking ~Oll requesting free parking?
       []yes        [.lJno             .

       If yes, refer to Policy Section 5 for requirements and list the lots or locations where free
       parking is requested.

7.	    Other Requests:



8.	    Certification and Signature: I understand . and agree on behalf of the sponsoring
       organization that:




                                               20f 4
       a.	     A certificate of insurance must be provided which name the City or Ferndale as an
               additional names insured party on the policy. (See Policy Section 10 for insurance .
               requirements.)

       b.	     Event sponsors and participants will be required to sign Indemnification Agreement
               forms. (See Policy Section 12)

       c.	     If the event includes solicitation by workers standing in street intersections, the
               required safety measures and use oftrafiic cones will be maintained at all times in

       d.	     All food vendors must be approved by the Oakland County Health Department
               and each food and/or other vendor must provide the City with a Certificate of
               Insurance which names the City orFerndaIe as an additional named insurance party
               on the policy. (See Policy Section 13)

       e.	     The approval of this Special Event may require additional requirements and/or
               limitations based on the City's review of this application, in accordance with the
               City's Special Events Policy. This event will be operated in confonnance with the
               Written Confirmation of Approval. (See Policy Section 11 and 16)

       f.	     The sponsoring organization will promptly pay any billing for City services which
               may be rendered pursuant to Policy Section 3, 4, or 9.

As the du1y authorized agent of the sponsoring organization, I hereby apply for approval of this
Special Event, affum the above understandings, and agree that my sponsoring organization will
comply with the City's Special Event Policy, the terms of the Written Confirmation of Approval,
and all other City requirements, ordinances, and other laws which apply to this Special Event
Further, the undersigned hereby swears and aflinns that all ofthe contents ofthis application are true
and accurate to the best of my kIlo edge.

~      Date                    Si       e 0 Sponsoring Organizations Agent

Return this application within the time period required by Section 16-12(h) of the Ordinance which
requires submission either sixty (60) days or one hundred twenty (120) days prior to the first day of
the special event to:

                                            City Clerk

                                       300 E. Nine MDe Rd.

                                       Ferndale, MI 48220



                                            (24&) 546-23&4



                                                3 of 4
22646 woodward avenue ferndale mi 48220 - Google Maps                                       Page 1 of 1



       . " .I· '"
 G008 e
                        Address 22646 Woodward Ave              Gel Google Maps on your phone
                                  Ferndale, MI48220           D.'-"   Texttheword"GMAPS"to466453
        Maps                                                  ~




       011 <;"1'Wf",1 fAttZ- S-          ~ ~vj

       ,Jo1£. '.   \4J..trJ( Jh   o..J   <; lV~L.~      uh





http://maps,google,com/maps?f=q&source=s_q&hl=en&geocode=&q=22646+woodward+'"                 5/15/2009
                                                              I
                                                              !


                                   SPECIAL EVENT I
                             INDEMNIFICATION AGREEMENT
                                                              I
                                                              \



IIWe/The         QL'1 S1q,GP.l :cA1g. L-u:..... agJ(s) to defend, indemnify, and hold
harmless the City of Ferndale, Michigan frok any claim, deniand, suit, loss, cost or expense, or
any damage which may be asserted, claimed or recovered _         or from the City of Ferndale by
reason of any damages to property, personal injury or bodil~ injury, including death, sustained .
by any person whomsoever and which damage, injury or death arises our of or is incident to or
in any way connected with the performance of the Special Eveht Resolution of City Council, and
regardless of which claim, demand, damage, loss, cost or expexlse is cimsed in whole or in part by
the negligence of the City of Femdale or by third parcies, or by the agents, servants, employees
or factors of any of them.                                    I·                                  .
                                                                  \


Print Name:


Signature:                                                            Date:~

Witness:                                                              Date:




                                              4of4
Race Directors: Kara Coraci & Chris Johnston
Contact Number: 248 - 546 -3696

Race Management: Rotpac , http://www.rotpac.com/H0re_Page.html
Contact Name: Rod Yeacker                         I

Contact Number: 248-627-5108                      i
                                                  I

Fees: $500                                        I

Race Registration: Active.com
Contact Name: Michelle Ulrich                     I
Contact Number: 858-964-3871
                                                  I
Fees: free, runners pay a service charge

Fundraiser: Ferncare

Contact Name: Matthew Nowaczok

Contact Number: 586-321-2000

                                th

When: Saturday, September 19
Race Start: 9:30 a.m.

Where: Streets of Ferndale

Itinerary

8:00 am: packet pick-up - about 6 volunteers are needed to look up the participants, hand
out packets and pins (for bibs), this is all done in alphabetical order, people who would
like to register the day of can do so for an additional $5 at la separate table with 2
volunteers(runners pick up their bib numbers, t-shirts &" ee beer" ticket)

9:15 am: 15 minute shout out to get to the start line
9:30 am: gun goes off, race begins

During the race: 2 water stations alb 4 - 8 people at each station, this can be done at the
1 & 2 mile markers and depending on how many people are running is dependent on the
volunteers. one volunteer reads off splits, the rest hand oJt water.

Signage throughout the course at each comer:
Saratoga & Paxton, DIY race sign with arrow
Marshall & Hilton
Paxton & Marshall (as well as cones warning traffic)
Gainsboro & Paxton
Oakridge & Gainsboro (as well as cones warning traffic)
Woodward & Oakridge
Vester & Woodward
Bermuda & Vester
9 mile FINISH!

End of race: RotPac & his crew doing the finishing time and taking bib numbers. Our
                                                         ).1
crew picking up volunteers out on the course (if need be Fruit, water & robscape
snacks provided in parking lot. RotPac provides race resuIfts and Top 3 Male & Female
given prizes. 5 Volunteers needed for race cleanup (pick Jrl cups along route)


Volunteers Needed: 15 ***at most

Concerns: city involvement
                                                                  Agenda No. 6C


                               CITY OF FERNDALE
                          REQUEST FOR COUNCIL ACTION

FROM:        Cristina Sheppard-Decius, Ferndale DDA Executive Director

SUBJECT:     Sidewalk Sale for July 25, 2009

SUMMARY & BACKGROUND:
On behalf of the merchants of Downtown Ferndale, the Ferndale DDA is requesting
approval of a sidewalk sale in the DDA area on July 25, 2009, from 11am-7pm. The
sidewalk sale is a fundraiser for the Zion Lutheran Church Food Pantry & Gleaners
Food Bank, and merchants will also be hosting donation bins and coin donation boxes
in front of their place of business for the event. Businesses will be informed that they
may not extend more than five feet in front of their business, must allow for a minimum
four-foot clearance between their sidewalk sale display fixtures or tables and the
nearest obstacle (curb, light pole, parking meter, bench, or change in grade), and tents
must be fire-rated and follow the permit process of the building department if larger than
120 square feet, or have side panels or is closer than 12 feet to another tent.



ATTACHMENTS:                             None




COUNCIL AGENDA DATE:                     July 13, 2009

CITY ATTORNEY REVIEW:                    N/A

FINANCE DIRECTOR REVIEW:                 N/A

CITY MANAGER APPROVAL:                   Robert J. Bruner, Jr.

COMMENTS:



RECOMMENDED ACTION:
Moved by , seconded by , to approve a sidewalk sale in the DDA area on July 25, 2009,
from 11am-7pm, as submitted by the Ferndale DDA.
                                                                         Agenda No. 6D

                                   CITY OF FERNDALE
                              REQUEST FOR COUNCIL ACTION

FROM:          J. Cherilynn Tallman, City Clerk

SUBJECT:       Approval to schedule an alley vacation Public Hearing for the August 10, 2009
               Council Meeting

SUMMARY & BACKGROUND:
The City has received a request to have the alley between Kensington and Bertha streets
vacated.

Chapter XIII. Streets and Sidewalks Section 3. [Vacation, discontinuance or abolishment] of the
City Charter requires the following:

        “When the Council shall deem it advisable to vacate, discontinue or abolish any street,
alley or other public highway or any part thereof, they shall, by resolution, so declare and in the
same resolution shall appoint a time, no less than four weeks thereafter, when they shall meet
and hear objections thereto. Notice of such meeting, with a copy of said resolution, shall be
published two successive weeks before the appointed time for such meeting, in a newspaper
circulating in the City.”

I am requesting a Public Hearing be scheduled for the Council meeting of August 10, 2009 to
consider vacating those portions of the alley in the City of Ferndale, County of Oakland, State of
Michigan, described as follows:

       58.41 FEET OF THE NORTH-SOUTH ALLEY RIGHT-OF-WAY, 8 FEET IN WIDTH,
       BETWEEN KENSINGTON AND BERTHA, ADJACENT TO LOTS 12 AND 169 OF
       KENILWORTH SUB, SIDWELL NOS 25-33-479-030 AND 25-33-479-026.


ATTACHMENTS:          Public Hearing Notice



COUNCIL AGENDA DATE:                          July 13, 2009

CITY ATTORNEY REVIEW:

FINANCE DIRECTOR REVIEW:                      n/a



RECOMMENDED ACTION:

Moved by , seconded by , to schedule a Public Hearing for the Ferndale City Council Meeting of
August 10, 2009, 7:30 p.m., 300 E. Nine Mile Rd., relative to vacating those portions of the alley
described as 58.41 FEET OF THE NORTH-SOUTH ALLEY RIGHT-OF-WAY, 8 FEET IN
WIDTH, BETWEEN KENSINGTON AND BERTHA, ADJACENT TO LOTS 12 AND 169 OF
KENILWORTH SUB, SIDWELL NOS 25-33-479-030 AND 25-33-479-026; and to direct the City
Clerk to publish the Public Hearing Notice as required.
                                    CITY OF FERNDALE
                                NOTICE OF PUBLIC MEETING


Notice is hereby given that at the Regular City Council meeting to be held in the Council
Chambers of the City of Ferndale, located at 300 East Nine Mile Road, at 7:30 p.m., Monday,
August 10, 2009, objections will be heard relative to vacating those portions of the following
alley in the City of Ferndale, County of Oakland, State of Michigan, described as follows:

       58.41 FEET OF THE NORTH-SOUTH ALLEY RIGHT-OF-WAY, 8 FEET IN WIDTH,
       BETWEEN KENSINGTON AND BERTHA, ADJACENT TO LOTS 12 AND 169 OF
       KENILWORTH SUB, SIDWELL NOS 25-33-479-030 AND 25-33-479-026.

The City Council will consider any and all alternatives to the above at that time. Any resident or
property owner may attend the hearing and voice his/her views on the matter or submit written
comments prior to or during the hearing. Please contact the City Clerk’s Office at 248-546-2384
for further information or if special services are required.
                                                                        Agenda No. 6E

                                   CITY OF FERNDALE
                              REQUEST FOR COUNCIL ACTION

FROM:          Marsha Scheer, CDS Director

SUBJECT:       Demolition of 2012 Moorhouse

SUMMARY & BACKGROUND:
         2012 Moorhouse was built in 1950. The Building, Electrical, Mechanical and Plumbing
Inspectors entered the house with a search warrant on March 7, 2008. The kitchen and
bathroom fixtures have been removed. The roof has many small leaks that allow water into the
building. Mold-like growth was starting to appear. The house was posted “DO NOT OCCUPY”
at that time. There has not been any effort to repair the house to habitable condition. The City
Attorney has filed the correct documents to permit the City to demolish this house.

        The court order to demolish the house is dated July 23, 2008.

        Bids were sought from eleven contractors; two bids were submitted:
           • Able Demolition               $8,000
           • Demco Demolition              $7,240

     These bids are qualified on the attached spreadsheet. Insurance in the name of the
company submitting the proposal was received with the bids.

ATTACHMENTS:                                Circuit Court Demolition Orders
                                            Notice of Intent to Accept Bids
                                            Demolition Bids
                                            Demolition Spreadsheet
____________________________________________________________________________

COUNCIL AGENDA DATE:                        July 13, 2009

CITY ATTORNEY REVIEW:                       P. Daniel Christ, 6/29/2009

FINANCE DIRECTOR REVIEW:                    JCHubanks, 6/29/2009

CITY MANAGER APPROVAL:                      Robert J. Bruner, Jr.

COMMENTS:




RECOMMENDED ACTION:
Moved by, seconded by, to award a demolition contract to Demco Demolition, in the amount of
$7,240 (Seven-Thousand Two-Hundred Forty Dollars) for 2012 Moorhouse, and to authorize the
Mayor to sign the contract, and to direct the City Assessor to levy the cost of the demolition
against the property (paid out of account 101-371-806; paid into account 101-371-607 when
assessed) and to record the costs with the Oakland County Register of Deeds.
                                 DEMOLITION SPECIFICATIONS

              The City of Ferndale is seeking bids to remove the structures located at
                               2012 Moorhouse and 3331 Harris.
                                     Bid houses separately.

GENERAL REQUIREMENTS OF CONTRACTOR
  • Maintain full insurance coverage from bid through final inspection. Submit Certificates of
     Insurance covering Worker’s Compensation, Comprehensive and Liability insurances,
     listing the City of Ferndale as the named insured, with the bid.
  • The Contractor will be responsible for any and all damages done to property or properties,
     which are not in the scope of the demolition.
  • Acquire demolition permit. A refundable $2500 bond is required.
  • Acquire electric and gas shut-off letters. Include gas retirement fee in bid.
  • Visual inspection for asbestos by independent third party per MIOSHA requirements.
  • Mobilize equipment, labor, materials, and tools necessary to complete demolition of
     structure and all accessory structures.
  • Cap city sewer at property line.
  • Demolish/dismantle structure, discarding contents.
  • Remove standard footings to 42”, slabs and underground plumbing.
  • Remove and dispose of all debris off site in to a licensed landfill or recycling facility.
     Manifest may be requested by City.
  • Provide clean fill dirt and grade site to conform to adjacent lots. Property shall no drain onto
     adjacent property.
  • Leave property in neat and orderly manner.

GENERAL REQUIREMENTS OF CITY
  • Cut and cap water line.
  • Ferndale DPW to perform inspection of the sewer cap.
  • Building Department to perform inspection (weekdays between 9 am and 4 pm) of the
     cleared site before backfill within 24 hours of request by Contractor.
  • The City will inspect all work after completion of the demolition and approve the job before
     completing paperwork and scheduling payment during normal bill paying schedules by the
     City. No bills will be paid for uncompleted or unsatisfactory work.
  • The City will not be liable for any accidents in the performance of the work performed by
     Contractor

CONDITIONS
  • Cost to repair city sidewalks damaged by Contractor will be retained from $2500 bond.
  • There shall be no burial of materials on the demolition site by Contractor.
  • No burning of debris on site by Contractor.

EXCLUSIONS
  • Asbestos or hazardous material removal.
  • Tree removal.
  • Driveway removal within the public right-of-way.
  • Soil erosion fencing
  • Rodent control.
  • Grass seed or sod installation.
  • Outstanding water, sewer, tax bills.
                              CITY OF FERNDALE
                     NOTICE OF INTENT TO ACCEPT BIDS FOR
                    DEMOLITION OF STRUCTURES LOCATED AT

                               2012 Moorhouse, Ferndale
                                 3331 Harris, Ferndale

              Bids for demolishing the structures located at these addresses
                   may be submitted to the Ferndale City Clerks Office,
                       300 East Nine Mile Road, Ferndale, MI 48220
                            no later than noon, May 15, 2009.
                         Bids to be opened at noon May 15, 2009

                The complete specifications are attached (see reverse).
            A copy of the Contractor’s insurance must be attached to the bid.
   A performance bond in the amount of $2500 will be required upon award of the bid.

The City is under no obligation to proceed with this project and reserves the right to reject
any and all proposals, waive defects in proposals, enter negotiations with any contractor,
  and to solicit for new proposals. The City will not be responsible for any costs or fees
       associated with the preparation of a response to this request-for-proposals.

             Questions related to this Notice can be addressed in writing to:

                           James Orr, Building Inspector
                     Community Development Services Department
                                  City of Ferndale
                              300 East Nine Mile Road
                                Ferndale, MI 48220
                                                                                                   Demolition Bid Analysis for 2012 Moorhouse.
                                                                                                                                                                        REMOVE                SHUT    SHUTOFF      CAP      WALK
   CONTRACTOR          PHONE                        ADDRESS                         CONTACT       HOUSE       GARAGE Permits              BOND          FILL   GRADE   CONTENTS     INSUR.    OFFS      GAS       SEWER    DAMAGE ASBESTOS ADD-ONS      TOTAL

   Able Demolition   586-997-3366    5675 Auburn Rd., Shelby Township, MI 48317    John Koresky     Inc.          Inc.         Inc.     Per Spec.       Inc.    Inc.     Inc.        Inc.      Inc.      Inc.       Inc.   Per Spec.   Not Inc.   $0   $8,000.00

  Demco Demolition   248-895-2610   3561 Stoneridge Ct., Commerce Twp., MI 48382    Ed Lorenz     Per Spec.   Per Spec. Per Spec. Per Spec. Per Spec. Per Spec.        Per Spec.   Per Spec. Per Spec. Per Spec. Per Spec. Per Spec. Per Spec.    $0   $7,240.00




Per Chuck Tucker - include $150 / flag of sidewalk if replacement is required.                                Per Spec.- City requirement of the bid
                                                                                                              Inc.- specifically specified in the bid
                                                                                                              Not Inc.- specifically excluded in the bid
                                                               Agenda No. 6F


                              CITY OF FERNDALE
                         REQUEST FOR COUNCIL ACTION

FROM:        Roger Schmidt, Fire Chief

SUBJECT:     Emergency Repairs to Engine 4

SUMMARY & BACKGROUND:
On June 16, 2009 after responding to a routine medical run during the night, Engine 4,
the 2002 Pierce, began losing coolant and engine oil. Mike McClellan, the City
Mechanic, was summoned and determined it had suffered a major engine failure.
Because a job of this magnitude is beyond the capability of our mechanics, they called
the W.W. Williams company of Dearborn who is the authorized Detroit Diesel service
representative for this area. John Fields of the Williams company confirmed the
diagnosis and the truck was towed to their facility. They provided an estimate and
began as soon as the Mike authorized the repairs. After an extensive overhaul, the
truck was back in service on June 24, 2009.



ATTACHMENTS:                 Invoice from W.W. Williams




COUNCIL AGENDA DATE:                     July 13, 2009

CITY ATTORNEY REVIEW:                    N/A

FINANCE DIRECTOR REVIEW:                 JCHubanks, 6/29/09



RECOMMENDED ACTION:
Moved by , seconded by , to authorize the payment of the invoice from the W.W.
Williams company of Dearborn for emergency repairs to Engine 4, the 2002 Pierce, in
the amount of $12,666. Funds for this payment are available in Motor Pool, Account #
661-000-977.
                                                                Agenda No. 6G



                                     CITY OF FERNDALE
                                REQUEST FOR COUNCIL ACTION


FROM:         Byron A. Photiades, DPW Director

SUBJECT:      Grant of Easement for Water Mains


SUMMARY & BACKGROUND:

The Southeastern Oakland County Water Authority (SOCWA) is completing its long-term water-
supply agreement with the Detroit Water and Sewerage Department (DWSD), and in doing so desires
to clarify and document ownership of the connecting facilities between it and DWSD in various cities.
In Ferndale, those facilities include water mains and appurtenances in Livernois between Eight Mile
and Fielding.

SOCWA and DWSD have agreed on the responsibility for constructing, maintaining, operating,
inspecting and repairing the connecting facilities, and in permitting them to remain in place. The
Grant of Easement for Water Mains for those facilities in Livernois would, in part, allow DWSD to do
so.



Attachment:                             City Attorney Letter
                                        Grant of Easement for Water Mains




COUNCIL AGENDA DATE:                    July 13, 2009

CITY ATTORNEY REVIEW:                   P. Daniel Christ, 6/30/2009

FINANCE DIRECTOR REVIEW:                N/A

CITY MANAGER APPROVAL:                  Robert J. Bruner, Jr.

COMMENTS:



RECOMMENDED ACTION:
      Moved by , seconded by , to approve the Grant of Easement for Water Mains for the City of
      Detroit through its Water and Sewerage Department to construct, maintain, operate, and repair
      certain water mains and appurtenances in Livernois between Eight Mile and Fielding, and to
      authorize the Mayor to sign the Agreement.
                                                  GRANT OF EASEMENT
                                                         FOR
                                                     WATER MAINS


        THIS GRANT OF EASEMENT FOR WATER MAINS (“Agreement”) is made this _____ day of _______________

2009 by and between the City of Ferndale (“Ferndale”), a Michigan municipal corporation, having offices located at 300

East Nine Mile Road, Ferndale, Michigan 48220, and the City of Detroit, a Michigan municipal corporation, acting through

its City of Water Commissioners, having offices located at 735 Randolph Street, Detroit Michigan 48226 (”Detroit”).

                                                         RECITALS:

        A.       Whereas, Ferndale is the owner of all interests in the real property legally described in the attached Exhibit

A and upon which the easements are to be created (“Ferndale Property”);

        B.       Whereas, the Southeastern Oakland County Water Authority (“SOCWA”) and Detroit have negotiated a

long-term water service agreement that, in relevant part, transfers from SOCWA to Detroit, by Bill of Sale dated

__________________, 2009, certain lengths of water main located on the Ferndale Property;

        C.       Whereas, Ferndale wishes to grant, and Detroit wishes to receive, easements that allow Detroit to enter

upon the Ferndale Property to construct, maintain, operate, inspect, replace, and repair water mains and their

appurtenances and to permit the water mains and their appurtenances to remain in place as determined in the sole

discretion of Detroit;

        Therefore, with adequate and valuable consideration having been acknowledged and accepted, Ferndale and

Detroit agree as follows:

        1.       Conveyance and Use of Easement. Ferndale grants and conveys to Detroit easements over and upon in

                 perpetuity for the purpose of constructing, maintaining, operating, inspecting, replacing, and repairing

                 water mains and their appurtenances, and permitting the water mains and their appurtenances to remain

                 in place. The easements are described and shown in Exhibit A, attached to this Agreement and

                 incorporated by reference. These easements shall be an interest in real estate and shall run with the

                 Ferndale Property. These easements benefit Detroit and burden Ferndale.

        2.       Restrictions on Easement Area. Ferndale agrees that no building or structure, or any part thereof, of any
     nature whatsoever, shall be erected, constructed or permitted within the limits of the easements set forth

     in Exhibit A, without the prior written approval of Detroit or its agent, and that the easements shall be kept

     free at all times from any and all obstructions or obstacles, such as walls, fences, hedges, et cetera, which

     would impede free and easy access by Detroit and its necessary equipment to the water mains and

     appurtenances; and that it will not alter the acceptable grades within the easements without the prior

     written approval of Detroit or its agent, and if any building or structure is erected within the limits of the

     easements without the prior written approval of Detroit, Detroit and its agents are authorized to enter upon

     the easement and dismantle and remove any and all parts of any building or structure, et cetera as

     erected or constructed thereon; and further agrees to waive all claims for damages against Detroit and any

     agents thereof due to trespass or damage resulting from such dismantling, or removal, and to reimburse

     Detroit for the costs involved. Restoration of dismantled and removed structures and obstructions shall be

     by and at the expense of Ferndale. Ferndale and Detroit agree that road improvements including

     boulevard installations are not subject to the provisions of this Paragraph 2.

3.   Location Guideposts. Detroit reserves the right to install suitable permanent water main location

     guideposts over its facilities at reasonable intervals and at any points of deflection within the easements.

4.   Indemnification by Ferndale. Ferndale agrees to defend, indemnify and save harmless Detroit, its officers,

     employees and agents from any claims, disputes or obligations asserted against Detroit, in any court or

     administrative action, related to ownership of and title to the real property upon which the easements are

     located, disputes related to any dismantling and removal actions contemplated under Paragraph 2 of this

     Agreement, disputes related to any restoration work contemplated under Paragraph 6 this Agreement, and

     any disputes related to any negligent or tortious acts, errors or omissions by Ferndale, its successors,

     agents and assigns; provided, however, that nothing contained herein may be construed as rendering

     Ferndale liable for the negligent or tortious acts of Detroit, its officers, employees or agents.

5.   Indemnification by Detroit. Detroit agrees to defend, indemnify and save harmless Ferndale, its officers,

     employees and agents from any claims, disputes or obligations asserted against Ferndale, in any court or

     administrative action, arising out of work negligently or tortiously conducted by Detroit, its agents and

     assigns, on the Ferndale Property under the terms of this Agreement.

6.   Restoration. Immediately following the completion of any work contemplated under the terms of this

     Agreement, Detroit or its agents shall restore the Ferndale Property to the condition existing at the time of

     commencement of the work.

7.   Severability. If any term, covenant, or condition of this Agreement or the application of which to any party
                   or circumstance shall be, to any extent, invalid or unenforceable, the remainder of this Agreement, or the

                   application of such term, covenant, or condition to persons or circumstances other than those to which it is

                   held invalid or unenforceable, shall be effective, and each term, covenant, or condition of this Agreement

                   shall be valid and enforceable to the fullest extent permitted by law.

        8.         Jurisdiction. Either party may enforce the terms of this Agreement in the Wayne or Oakland County

                   Circuit Courts, State of Michigan.

        9.         Benefit. This Agreement shall be binding upon and shall inure to the benefit of Ferndale and Detroit and

                   their respective successors and assigns.

        10.        Notice. Except as otherwise provided, all notice required under this Agreement shall be effective only if in

                   writing or in a form of electronic or facsimile transmission which provides evidence of receipt, and shall be

                   either personally served, electronically transmitted, or sent with postage prepaid to the appropriate party at

                   its address as set forth in this Agreement. Either party may change its address by giving notice of the

                   change as provide in this Paragraph 10.

        11.        Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties

                   with respect to the subject of this Agreement, and all prior agreements with respect to the subject of this

                   Agreement, whether written or oral, shall be of no further force and effect. This Agreement may not be

                   modified except by a written document signed by Ferndale and Detroit.

        12.        Effective Date. The effective date of this Agreement shall be the date that this Agreement is approved by

                   the Detroit City Council or the Ferndale City Council whichever is later.

         In Witness Whereof, the respective representatives of the parties have acknowledged this Agreement as of the date
first above written.

City of Ferndale                                                      Approved By Ferndale City Council On:

By:     _____________________________________                         __________________________________

Its:    _____________________________________


City of Detroit, By Its Board of Water Commissioners                  Approved By Detroit Board of Water Commissioners On:

By:     _____________________________________                         __________________________________
        Pamela Turner
Its:    Interim Director
                                                                      Approved By Detroit City Council On:

                                                                      __________________________________


Prepared by:                                                          When recorded, return to:
Laurie A. Koester                                                     Board of Water Commissioners
City of Detroit Law Department                                        735 Randolph Street
660 Woodward Avenue, Suite 1650                                       Detroit, Michigan 48226
Detroit, Michigan 48226                                             Attention: Engineering Services Division




                                         CITY OF DETROIT ACKNOWLEDGMENT


STATE OF MICHIGAN)
                          )SS.
COUNTY OF WAYNE)



        The foregoing Grant of Easement For Water Mains was acknowledged before me this __________ day of

_____________________ 2009, by Pamela Turner, the Director of the Detroit Water and Sewerage Department for the Board

of Water Commissioners of the City of Detroit, on behalf of the City of Detroit.

                                                                   _______________________________________________
                                                                   Notary Public
                                                                   Wayne County Michigan
                                                                   My Commission Expires:




                                    RESOLUTION OF CITY OF DETROIT AUTHORITY


        I, Marian King, Secretary to the Board of Water Commissioners of the City of Detroit, a Michigan Municipal Corporation,

DO HEREBY CERTIFY that the following is a true and correct excerpt from the minutes of the meeting of the Board of Water

Commissioners duly called and held on ______________________________.



        I FURTHER CERTIFY that Pamela Turner is the Director of the Detroit Water and Sewerage Department and that she

is authorized to execute, guarantee and commit the Board of Water Commissioners of the City of Detroit to the conditions,

obligations, stipulations and undertakings contained in the foregoing instrument and that all necessary corporate approvals

have been obtained in relationship thereto.



        IN WITNESS THERETO, I have set my hand this __________ day of _______________________________2009.



                                                                            __________________________________________
                                                                            Board Secretary
                                      CITY OF FERNDALE ACKNOWLEDGMENT


STATE OF MICHIGAN)
                  )SS.
COUNTY OF OAKLAND)



        The foregoing Grant of Easement For Water Mains was acknowledged before me this __________ day of

_____________________ 2009, by _____________________________, the _________________________________ , on

behalf of the City of Ferndale.

                                                                 _______________________________________________
                                                                 Notary Public
                                                                 Oakland County Michigan
                                                                 My Commission Expires:




                                  RESOLUTION OF CITY OF FERNDALE AUTHORITY


        I, _______________________________________, the ________________________________ of the City of

Ferndale, DO HEREBY CERTIFY that the following is a true and correct excerpt from the minutes of the meeting of the

Ferndale City Council duly called and held on ______________________________________.



        I FURTHER CERTIFY that ______________________________ is the ______________________________ for the

City of Ferndale and that s/he is authorized to execute, guarantee and commit the City of Ferndale to the conditions,

obligations, stipulations and undertakings contained in the foregoing instrument and that all necessary corporate approvals

have been obtained in relationship thereto.



        IN WITNESS THERETO, I have set my hand this__________ day of _________________________________2009.



                                                                         __________________________________________
                                                                         Name and Title
                                                                           Agenda No. 6H

                                     CITY OF FERNDALE

                              REQUEST FOR COUNCIL ACTION


FROM:          Robert J. Bruner, Jr., City Manager

SUBJECT:       Grant Agreement between the Michigan Economic Development Corporation
               (MEDC) and the City of Ferndale

SUMMARY & BACKGROUND:

At its regular meeting of March 23, 2009, the Council authorized the City Manager to finalize
and submit an Urban Revitalization Entitlement Grant Request for no more than $30,000
through the Michigan Economic Development Corporation. This grant will provide the City with
the opportunity to acquire and improve a portion of the alley between East Nine Mile Road and
East Troy Street, between the Ferndale Center Building and Foley Mansfield.

The downtown Ferndale Pedestrian Alley Improvement Program will address our Community’s
desire to have our businesses, streetscapes, parking and cultural activities easily accessible to
one another through an appealing connection. The goal is to create a secondary street life that
people will be drawn to and will feel safe walking through or just relaxing on a bench.

To this end, Council will find attached the Grant Agreement between the MEDC and the City of
Ferndale.

ATTACHMENTS:                         MEDC Grant Agreement


COUNCIL AGENDA DATE:                 July 13, 2009

CITY ATTORNEY REVIEW:                P. Daniel Christ, 7/7/2009

FINANCE DIRECTOR REVIEW:             N/A


RECOMMENDED ACTION:

Moved by ___________, seconded by ___________, to authorize the City Manager to sign the
MEDC Downtown Urban Revitalization Grant Agreement on behalf of the City.
                                                                                      DOC-2067

                  MICHIGAN ECONOMIC DEVELOPMENT CORPORATION
                         DOWNTOWN URBAN REVITILIZATION
                               GRANT AGREEMENT
                                    WITH THE
                               CITY OF FERNDALE

This grant agreement (“Agreement”), dated July 1, 2009 (the “Agreement Date”), is between the
Michigan Economic Development Corporation (the “MEDC”) and City of Ferndale (“Grantee”).
As used in this Agreement, the MEDC, and Grantee are individually a “Party” and, collectively,
the “Parties.”

       Grantee:       City of Ferndale
                      300 E. Nine Mile Road
                      Ferndale, Michigan 48220

       Telephone:     (248) 546-2360

                                  TERMS AND CONDITIONS

A)     NATURE OF ACTIVITIES. The Grantee will receive this grant for high-priority urban
       revitalization project in Ferndale, Michigan, as more specifically described in Grantee’s
       proposal, attached as Attachment A and incorporated herein by reference.

B)     PERFORMANCE SCHEDULE. The term of this Agreement shall begin on July 1, 2009,
       (the "Starting Date) and end on July 1, 2010 (the “Ending Date”).

       The term of this Agreement (the “Term”) shall commence on the Starting Date and shall
       continue until the first to occur of the following: the Ending Date or the occurrence of an
       event described in Section H of this Agreement.

C)     GRANT PAYMENT SCHEDULE INFORMATION.

       1) Payments. The MEDC agrees to provide the Grantee a grant in an amount not to
          exceed $30,000.00 (“Grant Funds”).

          Grant Funds shall be disbursed as follows, provided that the Grantee is in
          compliance with the terms and conditions of this Agreement:

          a. Grantee shall receive an initial disbursement of 50% of the Grant Funds upon
             receipt and approval by the Grant Administrator of Grantee’s request for
             disbursement and documentation evidencing that specific Project Milestones
             have been completed as detailed in Section E, Grantee Duties, of this
             Agreement; and

          b. Grantee shall receive a final disbursement of 50% of the Grant Funds upon
             receipt and approval by the Grant Administrator of Grantee’s request for
             disbursement and documentation, which shall include a breakdown of the costs
             the MEDC is being asked to reimburse, evidencing that the project has been
             completed as detailed in Section E, Grantee Duties, of this Agreement.


                                                1
     2) Grantee’s Funds. The Grantee agrees that all funds shown in the budget are to be
        spent as specified. Changes in the budget will be allowed only upon prior review
        and written approval by the Grant Administrator. This Agreement does not commit
        the MEDC to approve requests for additional funds during or beyond the Term.

D)   GRANT ADMINISTRATOR. The Grantee should communicate with the following MEDC
     representative, who shall serve as Grant Administrator for this Agreement:

            Katharine Czarnecki
            Community Assistance Team
            Michigan Economic Development Corporation
            300 N. Washington Square
            Lansing, Michigan 48913
            (517) 241-4950
            czarneckik@michigan.org

E)   GRANTEE DUTIES. The Grantee agrees to:

     1)     Complete the project described in the Grantee’s proposal, attached as
            Attachment A.

     2)     Complete the project milestones detailed in the timeline outlined in Attachment B.

     3)     Provide high resolution digital images of the project before project
            commencement, at the 50% completion mark and after project is complete.

     4)     Requests for disbursements shall include a detail of work completed to date
            along with appropriate high resolution digital images.

     5)     Provide the MEDC with access to its facilities and records relevant to the
            Grantee’s use of the Grant Funds upon reasonable notice and during normal
            working hours.

     6)     Comply with all laws, ordinances, regulations, rules, orders, judgments, decrees
            or other requirements imposed by any governmental authority to which it is
            subject during the term of this Agreement. Grantee shall provide immediate
            notice to the MEDC of any alleged or proven violation relevant to the terms of this
            Agreement and related to the use of the Grant Funds. In addition, the Grantee
            shall obtain any licenses, permits or other governmental authorization necessary
            to carry out its duties under the Agreement.

F)   RELATIONSHIP OF THE PARTIES. Neither the Grantee, nor any employee or agent of
     Grantee is currently an employee or agent of the MEDC as a result of this Agreement.
     The MEDC is not responsible for any insurance or other fringe benefits, including, but
     not limited to, social security, workers’ compensation, income tax withholdings,
     retirement or leave benefits, for the Grantee or its employees. The Grantee assumes full
     responsibility for all costs and expenses associated with its performance of this
     Agreement including, but not limited to, the provision of all insurance coverage and
     fringe benefits for its employees, all tools, supplies, materials, equipment and office



                                             2
     space. The Grantee shall retain all control of its employees and staffing decisions,
     independent of the direction and control of the MEDC.

G)   ACCESS TO RECORDS AND CONFIDENTIALITY. The Grantee shall maintain
     reasonable books and records, including evidence that the duties as set forth in this
     Agreement actually were performed, and the identity of all individual persons, firms and
     entities paid for such duties, and shall allow access and inspection of those books and
     records including financial records and all other information and data relevant to this
     Agreement to the Grant Administrator, and the MEDC. Those records shall be retained
     for a minimum period of three years beyond termination of this Agreement, or such
     length of time as required under applicable state or federal law.

H)   TERMINATION OR CANCELLATION.

     1)     The MEDC may terminate this Agreement by providing written notice of default
            and termination to the Grantee (“Notice of Default and Intent to Terminate”) upon
            the occurrence of any of the following events or conditions (“Event of Default”):

            (i)    the Grantee’s failure to comply with any of the terms and conditions of this
                   Agreement; and

            (ii)   expenditure of the Grant Funds for purposes other than as set forth in this
                   Agreement.

     2)     The Notice of Default and Intent to Terminate shall provide the Grantee a period
            of at least thirty calendar days to cure the Event of Default. If the Event of
            Default remains uncured following the thirty calendar-day period, the MEDC shall
            provide Final Notice of Termination (“Final Notice”), which shall be effective as of
            the date of the Final Notice.

     3)     Grantee acknowledges that the MEDC’s performance of its payment obligation is
            dependent upon the continued receipt of government funding. In the event that
            the State Legislature or any State official, commission, authority, body, or
            employee, or the federal government (a) takes any legislative or administrative
            action, which fails to provide, terminates or reduces the funding necessary for
            this Agreement, or (b) takes any legislative or administrative action, which is
            unrelated to the source of funding for this Agreement, but which affects the
            MEDC’s ability to fund and administer this Agreement, and other MEDC
            programs, then the MEDC may cancel this Agreement by providing notice to the
            Grantee of cancellation. Cancellation may be made effective immediately, upon
            delivery of notice to the Grantee, or with such other time period as the MEDC, in
            its sole discretion, deems reasonable.

     4)     Upon the sooner of an event of default or termination of this Agreement, the
            MEDC shall not be obligated to make any disbursements of Grant Funds except
            for irrevocable or non-cancelable contractual commitments arising prior to the
            declared Event of Default or termination of this Agreement. The Grantee shall,
            unless otherwise directed by the MEDC in writing, immediately take all
            reasonable steps to terminate operations under this Agreement, and to avoid or
            minimize further expenditures under this Agreement.        The Grantee shall
            reimburse the MEDC for disbursements of the Grant Funds determined by the


                                              3
            Grant Administrator, in his or her sole discretion, to have been expended for
            purposes other than those permitted under this Agreement.

I)   MEDC EMPLOYEES. The Grantee shall not hire any employee of the MEDC to perform
     any duties covered by this Agreement without prior written approval from the Chief
     Executive Officer of the MEDC.

J)   INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE. To the extent allowed
     by law, the Grantee shall indemnify, defend and hold harmless the MEDC, including their
     respective participants, committee members, officers, agents and employees, from any
     damages that it may sustain through the negligence or willful misconduct of the Grantee
     pertaining to the performance of this Agreement. The Grantee shall maintain such
     insurance as necessary to comply with this provision. The Grantee will provide and
     maintain its own public liability, property damage, and workers’ compensation insurance.
     The insurance shall be written for not less than any limits of liability required by law for
     the Grantee's obligation of indemnification under this Agreement.

K)   TOTAL AGREEMENT. This Agreement contains the entire agreement between the
     Parties, superseding any prior or concurrent agreements with respect to the subject
     matter, and supersedes all prior agreements, understandings and communications, of
     any nature with respect to the subject matter, and no oral or written terms or conditions
     which are not contained in this Agreement shall be binding upon the Parties. This
     Agreement may not be amended except by written agreement executed by the Parties.

L)   ASSIGNMENT/TRANSFER/SUBGRANTING. The Grantee shall not assign, transfer,
     convey, sub-contract, sub-grant or otherwise dispose of any duties or rights under this
     Agreement, without the prior written approval of the MEDC. The terms and conditions of
     this Agreement shall be binding upon and inure to the benefit of the Parties and their
     respective successor(s) and permitted assign(s).

M)   NON-DISCRIMINATION AND UNFAIR LABOR PRACTICES. In connection with this
     Agreement, Grantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453,
     MCL 37.2101 et seq., the Persons with Disabilities Civil rights Act, 1976 PA 220, MCL
     37.1101 et seq., and all other federal, state and local fair employment practices and
     equal opportunity laws and covenants that it shall not discriminate against any employee
     or applicant for employment with respect to his or her hire, tenure, terms, conditions,
     privileges of employment, or any matter directly or indirectly related to employment
     because of his or her race, religion, color, national origin, age, gender, height, weight,
     marital status, or physical or mental disability unrelated to the individual’s ability to
     perform the duties of a particular job or positions. In addition, as provided in Executive
     Directive 2007-24, Contractor shall not discriminate against any employee or applicant
     for employment with respect to his or her hire, terms, tenure, conditions or privileges of
     employment, or any matter directly or indirectly related to employment because of sexual
     orientation, gender identity or expression, or genetic information that is unrelated to the
     individual’s ability to perform the duties of a particular job or position. Grantee further
     agrees that every subcontractor entered into in connection with this Agreement will
     contain a provision requiring nondiscrimination in employment, as required in this
     Agreement, binding upon each subcontractor.

     Pursuant to 1980 PA 278 (the “Act”), MCL 423.321 et seq., the State shall not award a
     grant to a grantee whose name appears in the current register of employers failing to


                                              4
     correct an unfair labor practice compiled by the United States National Labor Relations
     Board. Grantee, in relation to this Agreement, shall not enter into a contract with a
     subcontractor, manufacturer, or supplier whose name appears on this register. Pursuant
     to Section 4 of the Act, the MEDC may void this Agreement if, after the Starting Date,
     the name of the Grantee as an employer or the name of the subcontractor, manufacturer
     or supplier of the Grantee appears on the register.

N)   FRINGE BENEFITS.           Grantee understands that neither Grantee nor Grantee’s
     employees or contract personnel are eligible to participate in any employee pension,
     health, vacation pay, sick pay, or other fringe benefit plan of the MEDC.

O)   WORKERS’ COMPENSATION. The MEDC shall not obtain workers’ compensation
     insurance on behalf of Grantee or Grantee’s employees. If Grantee hires employees to
     perform any work under this Agreement, Grantee shall cover them with workers’
     compensation insurance and shall maintain such insurance during the term of this
     Agreement. The MEDC may, in its discretion, require Grantee to provide evidence of
     such coverage.

P)   UNEMPLOYMENT COMPENSATION. The MEDC shall make no state or federal
     unemployment compensation payments on behalf of Grantee or Grantee’s employees or
     Grantee personnel. Grantee will not be entitled to these benefits in connection with work
     performed under this Agreement.        If Grantee files a petition for and receives
     unemployment compensation, the total amount of unemployment compensation
     awarded to and received by Grantee shall be deducted from and be an offset against the
     amount of compensation due and payable to Grantee by the SEIC Board under this
     Agreement.

Q)   GOVERNING LAW.           This Agreement shall be governed by, and construed in
     accordance with, the laws of the State of Michigan. The terms of this provision shall
     survive the termination of this Agreement.

R)   WAIVER. A failure or delay by the MEDC or Grantee in exercising any right with respect
     to this Agreement will not be presumed to operate as a waiver unless otherwise stated in
     this Agreement, and a single or partial exercise of any right will not be presumed to
     preclude any later or further exercise of that right, or the exercise of any other right.

S)   AVAILABLE REMEDIES. The termination of this Agreement by the MEDC is not
     intended to be the sole and exclusive remedy, and shall be cumulative and in addition to
     every other provision or remedy given in this Agreement or now or hereafter existing at
     law, in equity, by statute or otherwise.

T)   TOTAL AGREEMENT. This Agreement contains the entire agreement between the
     Parties, superseding any prior or concurrent agreements with respect to the subject
     matter, and supersedes all prior agreements, understandings and communications, of
     any nature with respect to the subject matter, and no oral or written terms or conditions
     which are not contained in this Agreement shall be binding upon the Parties. This
     Agreement may not be amended except by written agreement executed by the Parties.

U)   SEVERABILITY. The invalidity or unenforceability of a particular provision of this
     Agreement shall not affect the validity or enforceability of any other provision of this
     Agreement, if the principal intent of this Agreement can be preserved.


                                             5
V)   AUTHORITY TO EXECUTE THIS AGREEMENT. The signatories below warrant that
     they are empowered to enter into this Agreement on behalf of their respective Party.

                               (signature page to follow)




                                           6
The signatories below warrant that they are empowered to enter into this Agreement.

City of Ferndale


_________________________
Robert J. Bruner, Jr.
City Manager

Date: _______________________


Michigan Economic Development Corporation


_________________________
Debra Dansby
Chief Operating Officer

Date: _______________________




                                          7
    Attachment A




A




        A-1
A-2
A-3
A-4
A-5
A-6
                                     Attachment B


Project Timeline

Bid Available                     July 2, 2009
Property Deed Agreement Secured   July 13, 2009
Bid Opening                       July 16, 2009
Bid Award by Council              July 22, 2009
Council Signs Contract            August 24, 2009
Preconstruction Conference        August 27, 2009
Commence Construction             September 1, 2009
**50% mark of completion          September 14, 2009 – Eligible for fund disbursement
Construction Completion           September 30, 2009
Final Report & Payment            October 15, 2009 – Eligible for fund disbursement




                                           B-1
                                                               Agenda No. 6I



                                    CITY OF FERNDALE
                               REQUEST FOR COUNCIL ACTION


FROM:         Byron A. Photiades, DPW Director

SUBJECT:      Bid Award – Replace Fire Station No. 2 Driveway Approach


SUMMARY & BACKGROUND:

Two bids were received on June 12 to replace the deteriorated concrete drive approach of Fire
Station No. 2.

Luigi Ferdinandi & Son Cement, 16481 Common Road, Roseville, submitted the low bid of $9,168.
The expense would be charged to Public Improvement Fund, Capital, account no. 245-000-977.




Attachment:                            Engineering Technician Memo
                                       Bids




COUNCIL AGENDA DATE:                   July 13, 2009

CITY ATTORNEY REVIEW:                  N/A

FINANCE DIRECTOR REVIEW:               JCHubanks, 7/2/2009

CITY MANAGER APPROVAL:                 Robert J. Bruner, Jr.

COMMENTS:



RECOMMENDED ACTION:
      Moved by , seconded by , to approve the low bid of $9,168 of Luigi Ferdinandi & Son Cement,
      16481 Common Road, Roseville, to replace the concrete drive approach of Fire Station No. 2,
      and to charge the expense to the Public Improvement Fund, account no. 245-000-977.
                                                                     Agenda No. 7A


                                CITY OF FERNDALE
                           REQUEST FOR COUNCIL ACTION



FROM:         Robert J. Bruner, Jr., City Manager

SUBJECT:      Municipal Building Renovation & Expansion

SUMMARY & BACKGROUND:

The Council approved a contract with Plante Moran CRESA (PMC) for owner
representation services on April 13. Since then, the Core Project Team has chosen the
design-build project delivery method, conducted site due diligence, requested
qualifications from design-build teams, and confirmed the Preliminary Space Program
and Preliminary Budget. The Team now needs the Council to define the project scope
(District Court; District Court and Police Station; or District Court, Police Station and City
Hall) for the design-build teams that will provide proposals.

The question before the Council for consideration is, “Shall the Core Project Team
request design-build proposals for the District Court; District Court and Police Station; or
District Court, Police Station and City Hall?” The Team will then request design-build
proposals based on the project scope the Council chooses. The Council will interview
design-build teams and consider awarding a contract in the second quarter of FYE
2010.

ATTACHMENTS:                    July 7 Municipal Building Renovation & Expansion memo



COUNCIL AGENDA DATE:                       7/13/2009
CITY ATTORNEY REVIEW:                      N/A
FINANCE DIRECTOR REVIEW:                   N/A


RECOMMENDED ACTION:

Moved by                          , seconded by                          , to direct the
Municipal Building Renovation & Expansion Core Project Team to solicit design-build
proposals for the (District Court; District Court and Police Station; or District Court,
Police Station and City Hall).
                                                CITY OF FERNDALE 
                                           INTERDEPARTMENTAL MEMO 
                                                          
DATE:             July 7, 2009 
 
TO:               City Council 
 
CC:               Core Project Team 
                  David  Asker  (Plante  Moran  CRESA);  Assistant  City  Manager/Finance  Director  Hubanks; 
                  Police  Chief  Kitchen;  Judge  Longo;  Public  Works  Director  Photiades;  Community 
                  Development Services Director Scheer; Alicia Washeleski (Plante Moran CRESA) 
 
FROM:             Robert J. Bruner, Jr., City Manager 
 
RE:               Municipal Building Renovation & Expansion 
 
 
 
The purpose of this memo is to outline the project cost estimates and financing options so the Council 
can  define  the  project  scope  (District  Court;  District  Court  and  Police  Station;  or  District  Court,  Police 
Station  and  City  Hall)  for  the  design‐build  teams  that  will  provide  proposals.  Although  the  financing 
options outlined in this memo are based on assumptions about cost and funding allocations, the Council 
need not approve, modify or disapprove cost or funding allocations at this time. The Core Project Team 
will refine the budget and make cost and funding allocation recommendations after the proposals are 
received and before the Council considers approving a contract. 
 
Project Cost Estimates 
Chief  Kitchen,  Judge  Longo  and  I  confirmed  the  Preliminary  Space  Program  and  Budget  with  Alicia 
Washeleski  on  July  7.  The  District  Court  Preliminary  Space  Program  and  Budget  has  been  reduced  to 
reflect the change from 14,737 square feet to 14,469 square feet. The District Court Preliminary Budget 
includes $55,000 in fixed costs (Furniture Services, Reimbursable Expenses, and Signage) that will be the 
same regardless of whether or not the Police Station and City Hall are renovated but may be allocated to 
the  Police  Station  and  City  Hall  if  they  are  renovated.  We  also  discussed  the  Telephone  System, 
Relocation  Costs  and  District  Court  and  Police  Station  shared  space  and  decided  not  to  change  the 
Preliminary Budget at this time since the Council is not making any cost or funding allocations. 
 
These  project  cost  estimates  are  all‐inclusive  (professional  services,  land  improvements,  building, 
technology,  furnishings  and  equipment,  and  bond  costs)  and  based  on  the  preliminary  space  program 
prepared  by  Plante  Moran  CRESA  (PMC)  and  updated  on  June  24.  These  project  cost  estimates 
represent the best and worst case scenarios so the actual cost is likely to fall somewhere in‐between. 
 
                                                        Low Cost        High Cost
                                       Project          Estimate        Estimate 
                                    District Court     $3,700,000      $4,000,000
                                    Police Station     $2,000,000      $2,400,000
                                    City Hall          $2,000,000      $2,400,000
                                    Total              $7,700,000      $8,800,000

                                                      Page 1 of 4 
 
 One‐Time Funding Sources 
 The following one‐time funding sources are available for a “down payment” for this project: 
  
 FYE 2010 Court Facility Reserve                                                                        $1,100,000 
  
 Although  this  unrestricted  reserve  could  be  reallocated,  I  recommend  the  Council  expend  the  Court 
 Facility Reserve on this project as planned. 
  
 FYE 2010 Budgeted Unreserved, Undesignated General Fund Balance                                        $3,700,000 
  
 I recommend the Council reduce Unreserved, Undesignated General Fund Balance by $507,000 over the 
 course  of  four  fiscal  years  (FYE  2011  –  FYE  2014)  to  bridge  a  gap  in  annual  funding  sources  described 
 later  in  this  memo.  This  will  gradually  reduce  General  Fund  balance  at  the  same  rate  the  Council  will 
 likely reduce General Fund expenditures to match declining revenues. As a result, General Fund Balance 
 will remain at 20% of expenditures based on medium (neither optimistic nor pessimistic) forecasts. 
  
                                     Fund Balance             General Fund % Fund 
                     Fiscal Year      Reduction  Fund Balance Expenditures  Balance 
                     FYE 2011           $125,000   $3,500,000 $17,500,000     20% 
                     FYE 2012           $126,000   $3,400,000 $16,700,000     20% 
                     FYE 2013           $126,000   $3,300,000 $16,400,000     20% 
                     FYE 2014           $130,000   $3,200,000 $16,100,000     20% 
                                        $507,000                             
  
 FYE 2010 Budgeted Unreserved, Undesignated Public Improvement Fund Balance                     $786,000 
  
 The  Public  Improvement  Fund  provides  for  “acquiring,  constructing,  extending,  altering,  repairing  or 
 equipping public improvements or public buildings” per Act 177 of 1943 and City Ordinance 252 of 1947. 
 The  Council  must  eventually  decide  how  to  allocate  resources  among  the  City’s  public  buildings.  The 
 Council may allocate resources based on each building’s share of total General Fund expenditures: 
  
                  District     Police      City       Fire     Public  Community 
                   Court      Station      Hall     Stations   Works     Center       Total 
FYE 2009        $1,300,000  $6,800,000  $3,500,000 $4,000,000 $800,000 $1,000,000  $17,400,000
Expenditures 
% of Total            7.47%          39.08%        20.11%          22.99%         4.60%           5.75%         100.00%
Expenditures 
Fund              $786,000          $786,000     $786,000        $786,000 $786,000            $786,000         $786,000
Balance 
Building           $59,000          $307,000     $158,000        $181,000       $36,000         $45,000        $786,000
Allocation 
   




                                                      Page 2 of 4 
  
 Debt 
 I recommend the Council finance the difference between the project cost and one‐time funding sources 
 with the Build America Bond program. The American Recovery and Reinvestment Act of 2009 creates 
 the  new  Build  America  Bond  program,  which  authorizes  state  and  local  governments  to  issue  Build 
 America Bonds as taxable bonds in 2009 and 2010 to finance any capital expenditures for which they 
 otherwise  could  issue  tax‐exempt  governmental  bonds.  Traditionally,  tax‐exempt  bonds  provide  a 
 critical  source  of  capital  for  state  and  local  governments,  but  the  recession  has  sharply  reduced  their 
 ability to finance new projects.  
  
 Supplementing  this  existing  market,  the  Build  America  Bond  program  is  designed  to  provide  a  federal 
 subsidy for a larger portion of the borrowing costs of state and local governments than traditional tax‐
 exempt bonds in order to stimulate the economy and encourage investments in capital projects. State 
 and local governments receive a direct federal subsidy payment for a portion of their borrowing costs 
 on Build America Bonds equal to 35 percent of the total coupon interest paid to investors. This federal 
 subsidy is expected to lower the City’s effective or net interest rate to between 4.5% and 5%. 
  
 Annual Funding Sources 
 The following annual funding sources are available for Annual Debt Service Payments for this project: 
  
 2005 Capital Equipment Loan Payments 
  
 In 2005 the City began making $125,000 annual payments on a Capital Equipment Loan for boiler and 
 HVAC upgrades in several City buildings (see FYE 2010 Budget, Page 10 of Section 4). Those payments 
 will end in FYE 2014 and the Council may then reallocate those annual payments to operations or new 
 capital projects like this one. The Council may reallocate these resources based on each building’s share 
 of total General Fund expenditures: 
  
                  District     Police      City       Fire     Public  Community 
                   Court      Station      Hall     Stations   Works     Center       Total 
FYE 2009        $1,300,000  $6,800,000  $3,500,000 $4,000,000 $800,000 $1,000,000  $17,400,000
Expenditures 
% of Total          7.47%        39.08%        20.11%       22.99%       4.60%        5.75%        100.00%
Expenditures 
Annual          $125,000       $125,000      $125,000     $125,000 $125,000        $125,000       $125,000
Payment 
Building           $9,000       $49,000       $25,000      $29,000      $6,000       $7,000       $125,000
Allocation 
   
  In the meantime, I recommend the Council reduce Unreserved, Undesignated General Fund Balance by 
  $507,000 over the course of four fiscal years (FYE 2011 – FYE 2014) as described above until the Capital 
  Equipment Loan is paid off. 
   




                                                     Page 3 of 4 
  
Court Building Fines/Fees 
 
The City began designating Court fines for building improvements in May 2001. These fines have since 
averaged  $115,000  annually.  Judge  Longo  believes  the  Court  can  sustain  $125,000  annually.  Although 
this  unrestricted  annual  General  Fund  revenue  could  be  reallocated  to  operations,  I  recommend  the 
Council allocate it to annual debt service payments. 
 
Annual Cost Decreases or Revenue Increases 
As the attached Low and High Recommendations show, there is a gap between the Annual Debt Service 
Payment  and  the  Annual  Funding  Sources  for  each  building.  Several  Annual  Cost‐Decreasing  Options 
(not recommendations) are included on the attached Low and High Recommendations. The Core Project 
Team will refine the budget and make cost and funding allocation recommendations after the proposals 
are received and before the Council considers approving a contract. 
 
Conclusion 
As  we  discussed  at  the  June  22  special  Council  meeting,  the  combination  of  declining  State  Revenue 
Sharing  payments,  declining  property  tax  revenue  and  increasing  post‐employment  benefit 
contributions will likely force the Council to decrease expenditures by reducing staff in the near future. 
The Municipal Building Renovation & Expansion project gives the Council the opportunity to reconfigure 
the Municipal Building so the City can effectively and efficiently provide services with fewer employees. I 
will  not  speak  for  the  District  Court  or  Police  Station  but  I  can  tell  you  City  Hall  is  not  currently 
configured  to  effectively  or  efficiently  provide  services  with  fewer  employees.  I  believe  delaying 
implementation  of  the  Municipal  Building  Renovation  &  Expansion  project  will  reduce  operational 
effectiveness  and  efficiency,  increase  borrowing  costs  when  the  Build  America  Bond  program  ends  in 
2011, and material costs as demand increases. 




                                                     Page 4 of 4 
 
                                                                  Low Recommendation

                                                                                            District           Police             City
                                                                                             Court            Station             Hall             Total
Project Cost Estimates                                                                  $     3,700,000   $     2,000,000   $     2,000,000  $     7,700,000 

One‐Time Funding Sources
       Building's % of FYE 2010 Undesignated Public Improvement Fund Balance             $          59,000   $        307,000   $        158,000  $        524,000 
       FYE 2010 Court Building Reserve                                                  $     1,100,000   $                     ‐   $                     ‐  $     1,100,000 
Total One‐Time Funding Sources                                                          $     1,200,000   $        307,000   $        158,000  $     1,600,000 

Debt (Estimated Project Cost ‐ FYE 2010 Funding Sources)                                $     2,500,000   $     1,700,000   $     1,800,000  $     6,000,000 
      Effective Interest Rate                                                                      4.75%              4.75%              4.75%             4.75%
      Term (Years)                                                                                    30                 30                 30                30
Annual Debt Service Payment:                                                            $        158,000   $        107,000   $        114,000  $        379,000 

Annual Funding Sources
       Building's % of Current Capital Equipment Loan Payment                           $             9,000   $          49,000   $          25,000  $          83,000 
       Court Building Fines/Fees                                                         $        125,000   $                     ‐   $                     ‐  $        125,000 
Total Annual Funding Sources:                                                           $        134,000   $          49,000   $          25,000  $        208,000 

Annual Cost Decreases or Revenue Increases Required:                                    $          24,000   $          58,000   $          89,000  $        171,000 

FYE 2009 Expenditures                                                                   $     1,300,000   $     6,800,000   $     3,500,000  $   11,600,000 
Annual Cost Decreases or Revenue Increases Required as a % of FYE 2009 Expenditures               1.85%             0.85%             2.54%           1.47%

Annual Cost‐Decreasing Options (Not Recommendations)
Eliminate one (1) clerical position                                                     $          60,000   $          60,000   $          60,000 
Eliminate one (1) dispatcher position (starting salary)                                                     $          55,000 
Eliminate one (1) police officer position (starting salary)                                                 $          70,000 
Eliminate one (1) probation clerk position (new for FYE 2010)                           $          50,000 
Eliminate one (1) service aide position                                                                     $          33,000 
Reduce one (1) clerical position to half time                                           $          30,000   $          30,000   $          30,000 
Reduce one (1) probation clerk position (new for FYE 2010) to half time                 $          25,000 
                                                                  High Recommendation

                                                                                             District           Police             City
                                                                                              Court            Station             Hall             Total
Project Cost Estimates                                                                   $     4,000,000   $     2,400,000   $     2,400,000  $     8,800,000 

One‐Time Funding Sources
       Building's % of FYE 2010 Undesignated Public Improvement Fund Balance              $          59,000   $        307,000   $        158,000  $        524,000 
       FYE 2010 Court Building Reserve                                                   $     1,100,000   $                     ‐   $                     ‐  $     1,100,000 
Total One‐Time Funding Sources                                                           $     1,159,000   $        307,000   $        158,000  $     1,624,000 

Debt (Estimated Project Cost ‐ FYE 2010 Funding Sources)                                 $     2,800,000   $     2,100,000   $     2,200,000  $     7,100,000 
      Effective Interest Rate                                                                       4.75%              4.75%              4.75%             4.75%
      Term (Years)                                                                                     30                 30                 30                30
Annual Debt Service Payment:                                                             $        177,000   $        133,000   $        139,000  $        449,000 

Annual Funding Sources
       Building's % of Current Capital Equipment Loan Payment                            $             9,000   $          49,000   $          25,000  $          83,000 
       Court Building Fines/Fees                                                          $        125,000   $                     ‐   $                     ‐  $        125,000 
Total Annual Funding Sources:                                                            $        134,000   $          49,000   $          25,000  $        208,000 

Annual Cost Decreases or Revenue Increases Required:                                     $          43,000   $          84,000   $        114,000  $        241,000 

FYE 2009 Expenditures                                                                    $     1,300,000   $     6,800,000   $     3,500,000  $   11,600,000 
Annual Cost Decreases or Revenue Increases Required as a % of FYE 2009 Expenditures                3.31%             1.24%             3.26%           2.08%

Annual Cost‐Decreasing Options (Not Recommendations)
Eliminate one (1) clerical position                                                      $          60,000   $          60,000   $          60,000 
Eliminate one (1) dispatcher position (starting salary)                                                      $          55,000 
Eliminate one (1) police officer position (starting salary)                                                  $          70,000 
Eliminate one (1) probation clerk position (new for FYE 2010)                            $          50,000 
Eliminate one (1) service aide position                                                                      $          33,000 
Reduce one (1) clerical position to half time                                            $          30,000   $          30,000   $          30,000 
Reduce one (1) probation clerk position (new for FYE 2010) to half time                  $          25,000 
                                                                         Agenda No. 7B


                                     CITY OF FERNDALE
                                     RESOLUTION 2009 –

                              Recognizing Michelle McCullough

At a Regular meeting of the City Council of the City of Ferndale, Oakland County, Michigan,
held in the Council Chambers at 300 E. Nine Mile, Ferndale MI 48220 on the 13th day of July,
2009
The following resolution was moved by              , and supported unanimously:

Michelle McCullough began her career with the 43rd District Court on January 1, 1981 as Judge
Voss’ Secretary/Court Reporter. She became a Deputy Clerk in 1985 and was promoted to
Chief Deputy Clerk in 1987; and

In 1992 Michelle was promoted to Court Administrator. She worked with Judge Voss until his
retirement and began working with Judge Longo in 1998; and

Michelle was named Court Administrator of the Year in May 2009 by the Michigan Association
of Court Administrators; and

Michelle is a member of the National Center for State Courts, Southeast Michigan Court
Administrator Association and the Ferndale Chamber of Commerce. She is a board member of
the Michigan Court Administrator Associations and is also the Sunshine & Membership
Chairperson; and

Michelle has volunteered her time to many community organizations. She works with Mothers
Against Drunk Driving, Ferndale Alumni Network for the annual golf outing and the Ferndale
High School Senior All Night Party. Michelle is the Executive Board Secretary for Ferndale
Youth Assistance; and

As Michelle concludes her distinguished career, she looks forward to seeking a new profession,
possibly as a flight attendant.

NOW THEREFORE BE IT RESOLVED that we, Ferndale’s elected officials, do hereby express
our community’s deep appreciation and best wishes for continued success as Michelle
McCullough retires from the 43rd District Court.

ADOPTED UNANIMOUSLY

   I, J. Cherilynn Tallman, the duly appointed City Clerk of the City of Ferndale, Oakland
County, Michigan, do hereby certify that the foregoing is a true and complete copy of a
Resolution duly adopted by the City Council of the City of Ferndale at a meeting held on July 13,
2009.
    IN WITNESS WHEREOF, I have hereunto affixed my official signature on this 13th day of
July, 2009.



                                                   ___________________________________
                                                   J. Cherilynn Tallman, City Clerk
                                                                  Agenda No. 7C


                               CITY OF FERNDALE
                          REQUEST FOR COUNCIL ACTION



FROM:        Robert J. Bruner, Jr., City Manager

SUBJECT:     Film Ordinance

SUMMARY & BACKGROUND:

In 2008 the State of Michigan enacted several laws providing film industry incentives.
As a core community, production companies operating in Ferndale are eligible for a
42% income tax credit. As a result, “Prayers for Bobby”, “Whip It!”, and “Youth in Revolt”
were filmed in Ferndale in 2008. Now the Discovery Channel is bringing back one of its
most-recognizable franchises, Monster Garage. The new incarnation, MG: Motor City,
will be filmed at Detroit Bros. (23510 Woodward Ave) in Ferndale.

Up to now, staff has handled film industry requests administratively. As productions get
larger and more complicated, the scope of their requests will increase and staff may
hesitate to accommodate them without specific legal authority to do so. The City needs
to respond to these requests quickly in order to compete for film industry economic
development opportunities. The attached ordinance provides for that preserving the
health, safety and welfare of the public.

ATTACHMENTS:                             Production Film Ordinance



COUNCIL AGENDA DATE:                     July 13, 2009
CITY ATTORNEY REVIEW:                    P. Daniel Christ
FINANCE DIRECTOR REVIEW:                 N/A


RECOMMENDED ACTION:

Moved by                        , seconded by                          , to adopt
Ordinance No. _____, an Ordinance to add Article IX, Production Film, Sections 2-150
through 2-154, to Chapter 2, Administration.
                                      ORDINANCE NO. ____

                                    CITY OF FERNDALE
                                OAKLAND COUNTY, MICHIGAN

    AN ORDINANCE TO ADD ARTICLE IX, PRODUCTION FILM, TO CHAPTER
    2, ADMINISTRATION, TO THE CODE OF ORDINANCES, CITY OF
    FERNDALE, MICHIGAN.

THE CITY OF FERNDALE ORDAINS:

Part I.
        The City of Ferndale Code of Ordinances, Chapter 2, Administration, is amended to add
Article IX, Production Film, Sections 2-150 through 2-154, as follows:

Article VII.     Production Film.

Section 2-150. Purpose.

          The purpose of this article is to:
          (1)    Provide for the protection and reasonable management of City property.
          (2)    Allow for reasonable regulation of City property and City rights of way in order
                 to more effectively preserve the health, safety and welfare of the public.
          (3)    Promote continued and diverse economic growth in the City.
          (4)    Enable the City to compete fairly and effectively in the world marketplace for
                 economic development opportunities that will provide for and protect the health,
                 safety, and welfare of the citizens of the City.
          (5)    Enable the City to recover the cost of providing services to production films.

Section 2-151. Definitions.

          (1)    “Expenses” means all direct costs of wages, vehicles and equipment and
                 expendable items incurred by the City, or private person or corporation operating
                 at the request or direction of the City, when providing services to a production
                 company, and which expenses are attributable to a production film. Included in
                 such costs are administrative expense, attorney fees, testing, preparation of reports
                 and other costs directly attributable, or as a result of, the production film.
          (2)    "Production film" means single media or multimedia entertainment content
                 created in whole or in part in the City for distribution or exhibition to the general
                 public by any means and media in any digital media format, film, or video tape,
                 including, but not limited to, a motion picture, a documentary, a television series,
                 a television miniseries, a television special, interstitial television programming,
                 long-form television, interactive television, music videos, interactive games,
                 video games, commercials, internet programming, an internet video, a sound
                 recording, a video, digital animation, or an interactive website. Production film
                 also includes any trailer, pilot, video teaser, or demo created primarily to
             stimulate the sale, marketing, promotion, or exploitation of future investment in a
             production film.
      (3)    “Production Company" means an entity in the business of producing production
             film.
      (4)    “Set” means a place where video entertainment content is created in whole or in
             part by any means and media in any digital media format, film, or video tape or
             other production film and includes scenery and props.

Section 2-152. Permit Required.

      (1)    No person shall use any public right-of-way, or any public or private property,
             facility or residence for the purpose of producing, broadcasting, taking or making
             any commercial motion picture, television, radio or production film as defined in
             Section 2-151 unless he/she shall have first made application for and obtained, as
             prescribed in this Article, a permit for each instance.
      (2)    The provisions of this Article shall not apply to the following:
             a.       Current news productions, which includes reporters, photographers or
                      camera persons in the employment of a newspaper, news service,
                      broadcasting station or similar entity engaged in the broadcasting of news
                      events;
             b.       Production films which are conducted by the City's public, education and
                      government access organizations, or by or at the direction of the City;
             c.       Production films which are conducted within legally established
                      commercial motion picture/television/radio/ photography studios;
             d.       Video or multimedia broadcast or transmission of a live performance
                      within a live entertainment venue on large-screen monitors; or
             e.       Private events filmed or photographed for non-commercial purposes, such
                      as private parties or weddings.

      (3)    Once a permit is issued, prohibited signs as defined by Chapter 6, Article VIII,
             Sec. 6-263 of the Code of Ordinances located on a permitted set shall be
             considered scenery and props rather than signs and shall be permitted while the
             film permit is in effect.

      (4)    Once a film permit expires, the owner of any set on which a prohibited sign is
             located shall be responsible for the alteration, reconstruction or removal of a
             prohibited sign in compliance with Chapter 6, Article VIII of the Code of
             Ordinances.

      (5)    Once a permit is issued, commercial and business developments as defined by
             Chapter 7 1/4, Article VIII, Sec. 7 1/4-38 of the Code of Ordinances on a
             permitted set shall be considered set construction rather than developments and
             shall not be subject to appearance review while the film permit is in effect.

      (6)    Once a film permit expires, the owner of any set in the downtown district as
             defined by article VI, section 19-69 of the Code of Ordinances shall be
              responsible for the alteration, reconstruction or removal of developments in
              compliance with Chapter 7 1/4, Article VIII of the Code of Ordinances.

Section 2-153. Application.

       (1)    Film permit application: A film permit application shall contain the following:
              a.     Production company identification and contact information.
              b.     Name and description of the production.
              c.     Location identification and description of production film activities to take
                     place at each location.
              d.     Dates and times of production.
              e.     A processing fee in an amount established by resolution of the City
                     Council to reimburse the City for the staff time required to evaluate the
                     application and establish conditions of approval.

Section 2-154. Investigation.

       (1)    Investigation of Application. The City Manager or his/her designee shall be
              charged with investigating and processing any application submitted under this
              Article. Upon receipt of the application for a permit required by this article, the
              City Manager or his/her designee shall forwarded the application to the
              appropriate public officials as deemed necessary. Such officers, departments and
              officials shall review and investigate matters relevant to the application and
              within four (4) days of receipt and shall report their findings and
              recommendations to the City Manager or his/her designee.
       (2)    Imposition of Conditions. The City Manager or his/her designee shall, at a
              minimum, require the following as conditions of a production film permit:
              a.      Security personnel. The permittee shall employ at its own expense such
                      security personnel as are necessary and sufficient to provide for the
                      adequate security and protection of the maximum number of attendants at
                      the location of the filming activity and for the preservation of order and
                      protection of property in and around the site of the filming activity. No
                      permit shall be issued unless the Police Chief or his/her designee is
                      satisfied that such necessary and sufficient security personnel will be
                      provided by the permittee for the duration of the production filming.
              b.      Notification. The permittee shall notify affected residents, occupants and
                      businesses, in advance of filming, and as instructed by the City Manager
                      or his/her designee, of the duration and location of filming activities,
                      including information about planned special effects, road and lane
                      closures, "no parking" requests, sidewalk usage and the time that any
                      barricades will be placed on the street and/or sidewalk.
              c.      Access. Production vehicles may not block parking lot access drives, fire
                      hydrants, or be parked in fire lanes, and must allow a minimum of 20 feet
                      of clearance between vehicles parked on either side of the road for
                      emergency response vehicles to pass.




                                              -3-
      d.     Base camps. Base camps may not be located on a public street. Only the
             necessary production vehicles (ie. grip and light trucks) may be parked on
             a public street, if necessary, at the filming location. Crew parking,
             honeywagon, catering, and other non-essential production vehicles shall
             be at a predetermined location.
      e.     Insurance. As a condition of issuing a permit under this Article, the
             permittee shall furnish insurance in an amount to be determined by the
             City Manager or his/her designee but in no event in an amount less than
             one million dollars ($1,000,000.00) to protect the City against claims for
             personal injury, wrongful death and property damage and shall indemnify
             the City for claims for personal injury and for any damage to City property
             arising out of the permittee's activities. An additional minimum of five
             million dollars ($5,000,000.00) of general liability insurance coverage
             shall be required in the event motor vehicles, aircraft, helicopters,
             explosives or pyrotechnics are used in the production activity. Such
             insurance shall be evidenced by the standard General Special Endorsement
             Form or the Certificate of Insurance (Public Liability) form provided by
             the city. The applicant shall also submit verification that adequate worker's
             compensation insurance coverage is maintained.
      f.     Bonding. Before the issuance of a permit, the permittee shall deposit a
             sum of money in cash, in an amount of five hundred dollars ($500.00) or
             in such higher amount determined by the City Manager or his/her designee
             to be reasonably required under the circumstances. The bond shall be in a
             form approved by the City Attorney, conditioned upon the permittee's
             faithful compliance with all of the terms and provisions of this article and
             all applicable provisions of state or local law, and which shall indemnify
             the City, its agents, officers, and employees and the City Council against
             any and all loss, injury or damage whatever arising out of or in any way
             connected with the production film activity and which shall indemnify the
             owners of property adjoining the filming site for any costs attributable to
             cleaning up and/or removing debris, trash, or other waste resultant from
             the production film activity.
      g.     Fire protection. The permittee shall at his/her own expense take adequate
             steps as determined by the Fire Chief to ensure fire protection.
      h.     Hold Harmless Agreement. The permittee shall execute a hold harmless
             agreement as provided by the City prior to the issuance of any permit.
      i.     Other conditions. Prior to the issuance of a permit, the City Manager or
             his/her designee may impose any other conditions reasonably calculated to
             ensure compliance with the requirements of this section and to protect the
             health, safety, welfare and property of attendants or of citizens of the City,
             including a limitation on the duration of the permit and the location of
             production film activities.
(3)   Issuance of Permits. Upon receipt of a completed film permit application, the City
      Manager or his/her designee shall approve, approve with modifications or deny
      the application with written findings as to how the proposed production does not
      meet the evaluation standards. Approval shall be valid for a period of six months
      from date of approval. In processing an application for a permit required by this
      article, the City Manager or his/her designee, shall issue a permit as provided for
      in this article when, after review of the application and such other information as
      may be otherwise obtained, he/she finds that:
      a.       The conduct of such activity will not unduly interfere with the use and
               enjoyment of neighboring property or unduly interfere with traffic or
               pedestrian movement or endanger public safety and that no streets will be
               completely closed to traffic for an unreasonable period of time. Adequate
               advance notice of any street closure shall be given.
      b.       The conduct of such activity will not unduly interfere with normal
               governmental or City operations, threaten to result in damage or detriment
               to public property, or result in the City incurring costs or expenditures in
               either money or personnel not reimbursed in advance by the applicant.
      c.       The activity does not propose to include obscene matter or an obscene
               performance and will not involve conduct in violation of state, local, or
               federal laws, rules, or regulations, including 1984 PA 343, being MCL
               752.361 to 752.374, as amended.
      d.       At the determination of the City Manager or his/her designee as well as
               the Police, Fire and Community Development Services Departments, that
               the condition of such activity will not constitute a fire hazard or other type
               of hazard and all property safety precautions are being taken as
               determined by the heads of the aforementioned Departments or their
               designees.
      e.       The permit shall not authorize the production of a film that in any manner
               requires the use of property owned by or under the control of the City in
               violation of 2008 PA 84, prohibiting the production of a film that includes
               obscene matter or an obscene performance. The City reserves the right to
               review all proposed scripts for any production filming activities.
(4)   Extension of Permits. Time extensions may be authorized by the City Manager or
      his/her designee.
(5)   Grounds for denial. The City Manager or his/her designee may deny a permit if:
      a.       The applicant fails to comply with any or all requirements of this Article,
               or with any or all conditions imposed pursuant to this Chapter, or with any
               other applicable provision of state, local, or federal laws, rules, or
               regulations; and/or
      b.       The applicant has knowingly made a false, misleading or fraudulent
               statement in the application or in any supporting document.
(6)   Revocation of Permits.
      a.       The City Manager or his/her designee may revoke a permit issued
               pursuant to this Article whenever the permittee, its employee or agent
               fails, neglects or refuses to fully comply with any and all provisions and
               requirements set forth in this chapter, including the conditions imposed
               upon issuance of the permit, or with any and all provisions, regulations,
               ordinances, statutes, or other law incorporated by reference in this chapter.
      b.       A permit shall automatically be revoked if riotous, disorderly, obscene, or
               otherwise unlawful conduct occurs at a filming location or if an



                                        -5-
                      assemblage exceeds one hundred and twenty-five (125) percent of the
                      estimated attendance, as indicated on the application for a permit. In such
                      instances the premises may be closed by the Police Department and the
                      assembly disbursed.
       (7)    Any decision of the City Manager or his/her designee may be appealed to the City
              Council and may be modified, reversed or affirmed. Such appeal shall be filed
              within ten (10) business days of the decision and the City Council shall hear such
              appeal at its next regularly scheduled meeting.

Part II.      Savings Clause.

       All proceedings pending and all rights and liabilities existing, acquired or incurred at the
       time this Ordinance takes effect are saved and may be consummated according to the law
       enforced when they are commenced.

Part III.     Severability.

       The various parts, sections and clauses of this Ordinance are declared to be severable. If
       any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by
       a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

Part IV.      Repeal.

       All regulatory provisions contained in other City Ordinances which are inconsistent with
       the provisions of this Ordinance, are repealed.

Part V.       Effective Date; Publication.

       This Ordinance shall become effective upon publication of a notice in a newspaper
       circulated in the City, stating the date of the enactment and the effective date of the
       Ordinance, a brief notice as to the subject matter of this Ordinance, and such other facts
       as the City Clerk shall deem pertinent and that a copy of the Ordinance is available for
       public use and inspection at the office of the City Clerk.

MADE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FERNDALE, OAKLAND COUNTY, MICHIGAN, THIS ___ DAY OF _____________, 2009.


                                                    CRAIG S. COVEY, MAYOR


                                                    CHERILYNN TALLMAN, CITY CLERK
Date of Adoption:

Date of Publication:
CERTIFICATE OF ADOPTION

I certify that the foregoing is a true and complete copy of the Ordinance passed at a meeting of
the Ferndale City Council held on the ___ day of _____________, 2007.


                                                    CHERILYNN TALLMAN, CITY CLERK




                                              -7-
CITY OF FERNDALE
NOTICE OF ADOPTION
ORDINANCE _______


       NOTICE IS GIVEN that the City of Ferndale Council has adopted Ordinance No. _____,
an Ordinance to add Article IX, Production Film, Sections 2-150 through 2-154, to Chapter 2,
Administration.

        This Ordinance shall become effective upon publication. This Ordinance was adopted by
the City Council on ______________, 2009. A complete copy of the Ordinance is available for
public use and inspection at the office of the City Clerk.


                                                 ___________________________________
                                                 CHERILYNN TALLMAN, CITY CLERK
                                                 (248) 546-2384




                                             8
                                           CITY OF FERNDALE 
                                      INTERDEPARTMENTAL MEMO 
                                                     
DATE:           July 6, 2009 
 
TO:             City Council 
 
CC:              
 
FROM:           Robert J. Bruner, Jr., City Manager 
 
RE:             Goals & Objectives Progress Report 
 
 
 
Goal 1: Maintain Strong Financial Position and Fiscal Discipline. 
 
Objectives: 
 
   1. Facilitate the FYE 2010 budget process. 
         
        Complete: Council adopted the FYE 2010 Budget on May 6. 
         
   2. Draft  financial  policies  (minimum  undesignated  fund  balance,  payables,  procurement  and 
        purchasing, etc) for Council consideration. 
         
        Complete: Council adopted a Financial Policy Manual on May 26. 
         
   3. Develop and implement a periodic financial reporting mechanism. 
         
        Work In Progress: Assistant City Manager/Finance Director Hubanks is working to implement the 
        “Evaluating Financial Condition” financial monitoring system from the International City/County 
        Management Association (ICMA). 
         
   4. Schedule  Council  goal  setting  meetings  in  November  or  December  2009  including  an  outside 
        facilitator and all Council Appointees and Department Directors. 
         
        Work In Progress: I have called special meetings of the Council on November 6 and November 7 
        and  notified  all  Council  Appointees  and  Department  Heads.  I  am  preparing  a  Request  for 
        Proposals for facilitators that will be released in the first quarter of FYE 2010. 
         




                                                Page 1 of 4 
 
Goal 2: Continue Infrastructure Improvements. 
 
Objectives: 
 
   1. Create a Capital Improvement Plan (CIP). 
         
        Complete: Council adopted a Capital Improvement Plan (CIP) on May 26. 
         
   2. Facilitate Municipal Building renovation and expansion. 
         
        Work  In  Progress:  The  Core  Project  Team  has  been  meeting  since  April  and  has  chosen  the 
        design‐build project delivery method, conducted site due diligence, and requested qualifications 
        from design‐build teams. The Team is  currently  confirming the Preliminary Space Program and 
        Preliminary Budget. The Council will be asked to define the scope of the project on July 13. The 
        Team  will  then  analyze  design‐build  team  qualifications  and  select  semifinalists  in  August.  The 
        semifinalists will prepare proposals in the first quarter of FYE 2010. The Council will then select a 
        design‐build team in the second quarter of FYE 2010. 
         
   3. Develop and implement an Information Technology (IT) Improvement and Integration Plan. 
         
        Work  In  Progress:  I  am  preparing  a  Request  for  Proposals  for  consulting  services  that  will  be 
        issued in the first quarter of FYE 2010. 
         
Goal 3: Review and Prioritize City Services. 
 
Objectives: 
 
   1. Initiate the creation of a comprehensive list of City services. 
         
        Work In Progress: City programs and services will be inventoried by the City’s strategic planning 
        facilitator. I am preparing a Request for Proposals for facilitators that will be released in the first 
        quarter of FYE 2010. 
         
   2. Facilitate Council review and prioritization of services. 
         
        Work In Progress: City program and service prioritization will be facilitated by the City’s strategic 
        planning facilitator. I am preparing a Request for Proposals for facilitators that will be released 
        in the first quarter of FYE 2010. 
         
   3. Initiate the creation of a multiyear budget to illustrate how Council priorities and reductions in 
        Taxable Value and State Shared Revenue will affect City services. 
         
        Work  In  Progress:  Council  adopted  a  Financial  Policy  Manual  on  May  26  that  includes  a  Long‐
        Term Financial Planning Policy that requires the City Manager to annually prepare a Long Term 
        Financial  Plan  (LTFP)  in  conjunction  with  the  annual  financial  budget.  Assistant  City 
        Manager/Finance Director Hubanks has prepared an LTFP. Council was provided with copies in 
        June and we will continue to provide updates as assumptions change. 
         

                                                    Page 2 of 4 
 
Goal 4: Improve Operational Efficiency and Effectiveness. 
 
Objectives: 
 
   1. Initiate the replacement of the City’s financial software. 
         
        Work In Progress: Assistant City Manager/Finance Director Hubanks is preparing a Request for 
        Proposals that will be issued in the first quarter of FYE 2010. 
          
   2. Facilitate  the  creation  of  a  comprehensive  set  of  desk  procedures  for  positions  in  the  several 
         departments in the divisions under the Manager’s direction. 
          
         Work  In  Progress:  I  am  preparing  a  Request  for  Proposals  for  consulting  services  that  will  be 
         released in the first quarter of FYE 2010. 
          
   3. Initiate  an  operational  and  organizational  assessment  of  the  divisions  under  the  Manager’s 
         direction. 
          
         Work  In  Progress:  I  am  preparing  a  Request  for  Proposals  for  consulting  services  that  will  be 
         released in the first quarter of FYE 2010. 
          
   4. Facilitate  the  creation  of  an  operational  and  organizational  improvement  plan  for  the  several 
         departments in the divisions under the Manager’s direction. 
          
         Work  In  Progress:  I  am  preparing  a  Request  for  Proposals  for  consulting  services  that  will  be 
         released in the first quarter of FYE 2010. 
          
   5. Facilitate  the  creation  of  succession  plans  for  positions  in  the  several  departments  in  the 
         divisions under the Manager’s direction. 
          
         Work  In  Progress:  I  am  preparing  a  Request  for  Proposals  for  consulting  services  that  will  be 
         released in the first quarter of FYE 2010. 
          
Goal 5: Expand Inter‐governmental and Intra‐governmental Relations. 
 
   1. Participate in network and advocacy organizations like the CRC, MML, MSA, SEMCOG, SOCMA, 
         etc. to communicate the City’s needs to peers, state and federal decision‐makers. 
          
         Tue 2/10/2009: Oakland County City Managers Association Meeting 
         Wed 2/11/2009: South Oakland County Mayors Association Meeting 
         Wed 2/18/2009: Michigan Municipal League (MML) Seminar 
         Thu 2/19/2009: SEMCOG Meeting 
         Tue 3/3/2009: Michigan Municipal League (MML) Capital Conference 
         Thu 3/5/2009: SEMCOG University Workshop 
         Fri 4/3/2009: Michigan Municipal League (MML) Region 1 Annual Meeting and Seminar 
         Tue 4/7/2009: South Oakland County Mayors Association 
         Wed 4/8/2009: SEMCOG Oakland County Member Outreach Meeting 
         Tue 4/14/2009: Oakland County City Managers Association Meeting 

                                                    Page 3 of 4 
 
       Tue 5/12/2009: Oakland County City Managers Association Meeting 
       Fri 6/5/2009: Michigan Suburbs Alliance (MSA) Annual Meeting 
        
    2. Identify and implement economic development process improvements. 
        
            a. Work with the 8 Mile Boulevard Association, Ferndale Chamber of Commerce, Ferndale 
                Downtown  Development  Authority,  Michigan  Economic  Developers  Association, 
                Michigan  Economic  Development  Corporation,  Oakland  County,  Woodward  Avenue 
                Action  Association  and  others  involved  in  economic  development  in  the  City  to 
                strengthen the local economy through partnerships. 
                 
                Work In Progress: We are working with the Chamber of Commerce and Oakland County 
                to link commercial property listings to the City’s website and host a Commercial Property 
                Showcase  in  September.  The  City  and  Downtown  Development  Authority  are  working 
                together to improve the Appearance Review Ordinance and implement the MEDC Urban 
                Revitalization and Preserve America Grants. We are working with the Woodward Avenue 
                Action  Association  (WA3)  to  develop  a  corridor‐wide  mapping  tool  to  track  economic 
                development programs and incentives along the Byway.  
                 
            b. Identify and implement intra‐departmental communication improvements. 
                 
                On Hold: On hold pending creation of an economic development position. 
                 
    3. Identify opportunities for inter‐local cooperation throughout the year. 
        
       Work  In  Progress:  Council  agreed  to  participate  in  the  Berkley,  Ferndale,  Huntington  Woods, 
       Pleasant Ridge and Royal Oak brand development collaboration on June 8. I met with Hazel Park 
       City  Manager  Ed  Klobucher  on  June  12  to  discuss  opportunities  for  inter‐local  cooperation. 
       Departments  Heads  will  meet  with  their  Hazel  Park  counterparts  to  discuss  opportunities  and 
       provide recommendations in August. I visited Lansing on June 23 with the City Managers of Hazel 
       Park, Madison Heights and Royal Oak to talk about fire consolidation with state legislators. I am 
       scheduled  to  meet  with  Oak  Park’s  new  City  Manager  on  June  8  to  discuss  opportunities  for 
       inter‐local  cooperation.  Chief  Kitchen  and  I  plan  to  meet  with  Pleasant  Ridge  City  Manager 
       Sherry Ball to discuss police dispatch services later this month. 
        
    4. Promote Ferndale 
        
       Work  In  Progress:  Two  Ferndale  businesses  and  the  City  received  2009  Woodward  Corridor  & 
       Design  Awards  from  the  Woodward  Avenue  Action  Association  (WA3).  The  City’s  Master  Plan 
       has been nominated for an Outstanding Planning Project Award from the Michigan Association 
       of Planning. I continue to write a bimonthly Ferndale Friends column and issue news releases as 
       necessary. 




                                                 Page 4 of 4 
 
                                                       Information Only




                                    F.P.D. NEWSLETTER     Read On-Line at www.ferndalepolice.org



Volume 11 Issue 235                                                        June 16, 2009 thru July 6, 2009
                                             obstructing a police officer case on     Shift Officers arrest a man on E.
 Daily Summary                               Stratford. Officers investigate a
                                             criminal sexual conduct case on
                                                                                      Breckenridge for disorderly conduct,
                                                                                      resisting and obstructing a police
                                             Horton and a larceny complaint on        officer and home invasion. Officers
                                             West Eight Mile Road. Officers arrest    investigate a malicious destruction of
        TUESDAY JULY16, 2009                 a man on Minerva for drunk driving at    property case on Channing and make
 Day Shift Officers investigate a larceny    the scene of a traffic accident and      two warrant arrests tonight.
 complaint on West Nine Mile Road            arrest a man on West Nine Mile Road      7 COMPLAINTS 5 ARRESTS
 and a larceny complaint on Woodward         for possession of crystal
 Ave.. Officers investigate a larceny        methamphetamine. Officers arrest a              SUNDAY JUNE 21, 2009
 complaint on E. Oakridge today as           woman on E. Bennett for domestic         Day Shift Officers have a routine shift,
 well. Afternoon Shift Officers arrest a     violence and arrest a woman on West      no criminal complaints and no
 juvenile for being a runaway and            Nine Mile Road for drunk driving.        arrests. Afternoon Shift Officers arrest
 transport him to Children's Village and     Officers investigate one traffic         a woman on West Eight Mile Road for
 investigate suspicious circumstances        accident today as well. Midnight Shift   driving while license suspended
 on W. Marshall. Officers investigate        Officers arrest a man on West Eight      second offence and arrest a woman
 prescription fraud on East Nine Mile        Mile Road for driving while license      on Jewell for driving while license
 Road and investigate a runaway              suspended second offence and             suspended second offence. Officers
 juvenile from Pearson. Midnight Shift       resisting and obstructing a police       investigate a larceny complaint on
 Officers arrest a man on West Eight         officer and make one warrant arrest      College and make two warrant
 Mile Road for receiving and                 tonight.                                 arrests today. Midnight Shift Officers
 concealing stolen property and make         17 COMPLAINTS 12 ARRESTS                 arrest a woman for malicious
 one warrant arrest tonight.                                                          destruction of property on West Nine
 9 COMPLAINTS 3 ARRESTS                              FRIDAY JUNE 19, 2009             Mile Road tonight.
                                             Day Shift Officers investigate a         6 COMPLAINTS 5 ARRESTS
     WEDNESDAY JUNE 17, 2009                 larceny from auto case on East Nine
 Day Shift Officers investigate a stolen     Mile Road and a malicious                       MONDAY JUNE 22, 2009
 vehicle case on Marshfield and an           destruction of property complaint on     Day Shift Officers investigate a
 animal bite case on E. Breckenridge.        E. Chesterfield. Afternoon Shift         larceny from auto complaint on
 Officers investigate one traffic accident   Officers investigate a hit and run       Woodward Ave. today and investigate
 today as well. Afternoon Shift Officers     traffic accident on Bermuda and          a hit and run traffic accident on Hilton.
 investigate a larceny from auto             investigate a possession of drug         Afternoon Shift Officers investigate a
 complaint on Kenton and assist the          paraphernalia case on West Nine          non-traffic death/drug overdose case
 Fire Department with injured persons        Mile Road. Officers make three           on Withington and arrest a man on
 on Farmdale and Almont. Officers            warrant arrests today as well.           Annabelle for driving while license
 recover found property on East Nine         Midnight Shift Officers investigate a    suspended second offence. Officers
 Mile Road today as well. Officers           domestic violence complaint on           arrest a man on Woodward Hgts. For
 make one warrant arrest today.              Livernois and investigate a criminal     domestic violence and investigate a
 Midnight Shift Officers investigate a       sexual conduct case on East Nine         larceny complaint on Leroy. Officers
 larceny from auto case on Woodward          Mile Road. Officers make one             make two traffic accidents today and
 Ave. and investigate an unarmed             warrant arrest tonight.                  investigate a traffic accident on Leroy.
 robbery case on Woodward Ave.               9 COMPLAINTS 4 ARRESTS                   Midnight Shift Officers investigate a
 tonight.                                                                             stolen vehicle case tonight on Symes
 9 COMPLAINTS 1 ARREST                            SATURDAY JUNE 20, 2009              and arrest a female juvenile on
                                             Day Shift Officers arrest a woman for    Silman for domestic violence. Officers
      THURSDAY JUNE 18, 2009                 counterfeiting on Pinecrest and          make one warrant arrest tonight as
 Day Shift Officers investigate a fraud      investigate a larceny from auto case     well.
 case on East Nine Mile Road and an          on Central. Officers investigate a       10 COMPLAINTS 6 ARRESTS
 attempt unarmed robbery case on             malicious destruction of property
 West Eight Mile Road. Officers              complaint on Paxton and make one               TUESDAY JUNE 23, 2009
 investigate a criminal sexual conduct       warrant arrest today. Officers           Day Shift Officers investigate a
 case on Horton and make six warrant         investigate one traffic accident today   larceny from auto complaint on W.
 arrests today. Afternoon Shift Officers     as well. Afternoon Shift Officers have   Maplehurst and a criminal sexual
 investigate a retail fraud case on East     a routine shift today, no criminal       conduct complaint on West Eight Mile
 Nine Mile Road and a resisting and          complaints and no arrests. Midnight      Road. Officers investigate one traffic
                                          malicious destruction of property             offence tonight as well.
    Daily Summary                         complaint on Woodward Ave. and a
                                          stalking complaint on Silman. Officers
                                                                                        7 COMPLAINTS 3 ARRESTS


     (continued)                          investigate one traffic accident and make
                                          two warrant arrests today. Afternoon Shift
                                                                                               MONDAY JUNE 29, 2009
                                                                                        Day Shift Officers investigate a
                                          Officers investigate a stalking complaint     malicious destruction of property
                                                                                        complaint on W. Marshall and
accident today as well. Afternoon Shift on Fielding and a fraud case on East Nine
                                          Mile Road. Officers arrest a man on West      investigate an attempt stolen vehicle
Officers arrest a man on E. Webster
                                                                                        case on Bertha. Officers arrest two
for possession of marijuana and make Eight Mile Road for driving while license
                                          suspended second offence and arrest a         juvenile males for larceny on E.
one warrant arrest today. Officers
                                          man on West Eight Mile Road for               Saratoga and investigate an assault
investigate a injury traffic accident on
                                          possession of drug paraphernalia and          and battery case on West Nine Mile
West Nine Mile Road today as well.
                                          possession of cocaine. Officers arrest a      Road. Officers make three warrant
Midnight Shift Officers assist the Fire
                                          woman on W. Troy for drunk driving and        arrests today as well. Afternoon Shift
Department tonight with a mental
                                          make one warrant arrest today. Midnight       Officers investigate an attempt stolen
commitment on Orchard and arrest a
                                          Shift Officers arrest a man on W. Troy for    vehicle case on Kensington and a
woman for drunk driving on Hamata.
                                          domestic violence and assist the Fire         home invasion case on Horton.
5 COMPLAINTS 3 ARRESTS
                                          Department with a mental commitment on        Officers investigate an assault and
                                          W. Troy. Officers investigate a malicious     battery case on Albany and an
      WEDNESDAY JUNE 24, 2009
                                                                                        identity theft case on Emwill. Officers
Day Shift Officers investigate a larceny destruction of property complaint on
                                                                                        assist the Fire Department with an
complaint on West Nine Mile Road and Spencer and arrest a man on Woodward
                                          Ave. for possession of drugs and make         injured person on E. Marshall and
a fraud case on East Nine Mile Road.
                                          three warrant arrests tonight.                make two warrant arrests today.
Officers investigate an animal bite
                                          17 COMPLAINTS 11 ARRESTS                      Officers investigate two traffic
case on Earle Blvd today and
                                                                                        accidents today, one of which is a hit
investigate a personal protection order
                                                 SATURDAY JUNE 27, 2009                 and run traffic accident on West Nine
violation today on Burdette. Officers
                                                                                        Mile Road. Midnight Shift Officers
make one warrant arrest today as well. Day Shift Officers investigate a non-traffic
                                          death case on University and make two         make one warrant arrest tonight and
Afternoon Shift Officers investigate a
                                          warrant arrests today. Officers investigate   are involved in a barricaded gunman
run away juvenile case on Minerva
                                          an injury traffic accident on East Eight      situation on Mahan. Officers call for
and a non-traffic death case on
                                                                                        assistance from surrounding
Albany. Officers investigate an assault Mile Road and a hit and run traffic
                                          accident on Central. Afternoon Shift          communities and SWAT. The subject
and battery case on Grayson and a
                                          Officers arrest a woman on East Eight         is transported for mental evaluation.
child neglect case on E. Lewiston.
                                                                                        14 COMPLAINTS 7 ARRESTS
Officers investigate one traffic accident Mile Road for driving while license
today as well. Midnight Shift Officers    suspended second offence and
                                          investigate an attempt unarmed robbery              TUESDAY JUNE 30, 2009
investigate a domestic violence case
                                                                                        Day Shift Officers make three warrant
on W. Hazelhurst and arrest a woman case on Woodward Ave. Officers arrest a
                                          man on West Eight Mile Road for               arrests today. Afternoon Shift Officers
on Goodrich for domestic violence.
                                          possession of cocaine and drunk driving.      investigate a malicious destruction of
Officers make one warrant arrest
                                          Officers investigate a stolen vehicle case    property complaint on East Nine Mile
tonight as well.
                                          on Romeo and investigate one traffic          Road and assist the Fire Department
12 COMPLAINTS 3 ARRESTS
                                          accident today. Midnight Shift Officers       with a mental commitment on E.
                                          investigate a domestic violence case on       Breckenridge. Officers investigate
       THURSDAY JUNE 24, 2009
                                          W. Bennett and arrest a woman on West         another malicious destruction of
Day Shift Officers investigate a child
                                          Eight Mile Road for drunk driving at the      property case on Hilton and make
abuse case on Minerva and
                                          scene of a traffic accident. Officers         one warrant arrest today. Midnight
investigate a traffic accident on
                                          investigate one traffic accident tonight as   Shift Officers arrest a man for driving
Livernois. Afternoon Shift Officers
                                          well.                                         while license suspended and arrest
investigate a possession of cocaine
                                                                                        two juvenile males for retail fraud on
case on Woodward Ave. and a larceny 9 COMPLAINTS 5 ARRESTS
                                                                                        East Nine Mile Road. Officers assist
case on Pinecrest. Officers arrest a
                                                   SUNDAY JUNE 28, 2009                 the Fire Department with a mental
woman on Webster for domestic
                                          Day Shift Officers investigate a stolen       commitment on East Nine Mile Road
violence and arrest a man on an
                                          vehicle case on Goodrich today.               and arrest a juvenile male on East
outstanding criminal sexual conduct
                                                                                        Nine Mile Road for violation of
warrant. Officers make three additional Afternoon Shift Officers arrest a man on
                                                                                        curfew. Officers arrest a man on
warrant arrests today as well. Midnight Silman for possession of cocaine and
                                          investigate a larceny complaint on            Flowerdale for domestic violence
Shift Officers investigate an injury
                                          Romeo. Officers recover a stolen vehicle      tonight as well.
traffic accident on Woodward Ave.
                                          on East Nine Mile Road today. Midnight        11 COMPLAINTS 9 ARRESTS
tonight.
6 COMPLAINTS 5 ARRESTS                    Shift Officers arrest a woman on West
                                          Eight Mile Road for domestic violence and         WEDNESDAY JULY 1, 2009
                                          investigate a child abuse case on             Day Shift Officers investigate an
         FRIDAY JUNE 25, 2009
                                          Stratford. Officers arrest a man on           attempt stolen vehicle case on
Day Shift Officers investigate a
                                          Orchard for domestic violence third           University and investigate a larceny
                                           man on W. Hazelhurst for domestic             W. Marshall and a forgery case on
    Daily Summary                          violence today as well. Midnight Shift
                                           Officers arrest a man on Allen for drunk
                                                                                         Hilton. Officers investigate another
                                                                                         forgery case on Hilton and make four

     (continued)                           driving and investigate two domestic
                                           violence cases, one on Vester and one on
                                                                                         warrant arrests today. Afternoon Shift
                                                                                         Officers recover a stolen vehicle on
                                           Hilton.                                       Laprairie and investigate a drug case
                                           10 COMPLAINTS 3 ARRESTS                       on West Eight Mile Road. Officers
from auto case on E. Breckenridge.
                                                                                         investigate an injury accident on
Officers investigate a larceny complaint
                                                    SATURDAY JULY 4, 2009                Woodward Ave. and transport an
on Livernois and assist the Fire
                                           Day Shift Officers investigate a malicious    intoxicated driver to the hospital. The
Department with an injured person on
                                           destruction of property complaint on          driver will later be charged with drunk
West Nine Mile Road. Officers assist
                                           Silman and a malicious destruction of         driving. Officers investigate another
the Fire Department with another
                                           property case on Spencer. Officers            injury traffic accident on East Eight
injured person on Jewell and
                                           investigate one traffic accident today and    Mile Road today as well. Midnight
investigate another larceny complaint
                                           make one warrant arrest. Afternoon Shift      Shift Officers investigate domestic
on Leroy. Officers make two warrant
                                           Officers investigate an intimidation case     violence case on Hilton and make one
arrests today as well. Afternoon Shift
                                           on West Nine Mile Road and assist the         warrant arrest tonight.
Officers investigate a stolen vehicle
                                           Fire Department with a mental                 15 COMPLAINTS 5 ARRESTS
case on Woodward Ave. and assist the
Fire Department with a mental              commitment case on W. Marshall. Officers
commitment on Minerva. Officers            make two warrant arrests today as well.
investigate a larceny from auto case on    Midnight Shift Officers arrest a man on
W. Webster and arrest a man on West        West Eight Mile Road for driving while
Eight Mile Road for domestic violence.     license suspended second offence and
Officers investigate an intimidation       drunk driving and arrest a man on
case on W. Saratoga today as well.         Stratford for domestic violence and
Midnight Shift Officers arrest a man on    resisting and obstructing a police officer.
East Nine Mile Road for retail fraud       Officers make two warrant arrests tonight
and make one warrant arrest today.         as well.
14 COMPLAINTS 5 ARRESTS                    9 COMPLAINTS 7 ARRESTS

       THURSDAY JULY 2, 2009                       SUNDAY JULY 5, 2009
Day Shift Officers investigate a larceny Day Shift Officers assist the Fire
complaint on Hilton and a larceny        Department with an injured person on
complaint on W. Chesterfield. Officers   Woodward Hgts. And investigate a larceny
investigate a fraud case on Woodward     complaint on Stratford. Officers investigate
Ave. and investigate five traffic        a malicious destruction of property case
accidents today, one of which is a hit   on Allen and a larceny complaint on W.
and run traffic accident on East Nine    Oakridge. Officers investigate a malicious
Mile Road. Officers make four warrant    destruction of property case on
arrests today as well. Afternoon Shift   Wordsworth and another malicious
Officers arrest a woman on West Eight    destruction of property case on Woodward
Mile Road for driving without a drivers  Ave. Afternoon Shift Officers arrest a man
license and investigate two traffic
accidents today, one of which is an
                                         on West Nine Mile Road for retail fraud
                                         and arrest a woman on Woodward Ave.
                                                                                                      2009
injury traffic accident on West Nine     for possession of cocaine. Officers arrest
Mile Road. Midnight Shift Officers have  a man on E. Marshall for domestic                  MONTH      COMPLAINTS     ARRESTS
a routine shift, no criminal complaints  violence and investigate an intimidation
                                                                                              JAN           222          121
and no arrests tonight.                  case on West Nine Mile Road. Officers
7 COMPLAINTS 5 ARRESTS                   investigate a larceny complaint on Bertha           FEB.           325          220
                                         and make two warrant arrests today.                MARCH           292          184
         FRIDAY JULY 3, 2009             Midnight Shift Officers assist the Fire             APRIL          263          158
Day Shift Officers investigate an animal Department with an injured person on                MAY            270          159
bite case on Leitch and a missing        Minerva tonight.                                    JUNE           290          161
person case on Pinecrest. Officers       14 COMPLAINTS 5 ARRESTS                             JULY           69           29
investigate a malicious destruction of
                                                                                            AUGUST
property case on E. Webster and an                 MONDAY JULY 6, 2009
intimidation case on East Nine Mile      Day Shift Officers investigate a larceny            SEPT.
Road. Officers make one warrant          from auto complaint on West Nine Mile             OCTOBER
arrest today and investigate one traffic Road and investigate a drug case on                 NOV.
accident. Afternoon Shift Officers       Stratford. Officers investigate an animal           DEC.
investigate a home invasion case on      bite case on E. Troy and a stolen vehicle          TOTAL          1604          969
Ardmore and a larceny complaint on       complaint on West Nine Mile Road.
West Nine Mile Road. Officers arrest a Officers investigate a larceny complaint on

				
DOCUMENT INFO